finansieringsvillkoren

Finansieringsvillkoren are a contractual clause commonly used in Swedish real estate and other large transactions. They make the completion of a sale contingent on the buyer obtaining financing on terms that are deemed acceptable. The purpose is to protect the buyer from being obliged to proceed if suitable financing cannot be arranged, while giving the seller clarity on how the buyer’s financing impact the deal.

The clause typically specifies several elements. It frames the amount and type of financing required (for example a mortgage loan or other credit), acceptable lenders, and minimum criteria such as income, creditworthiness, and debt service ability. It may set a deadline by which a financing decision must be obtained and require the buyer to provide documentation or written evidence of loan approval. Some formulations allow for partial financing or add conditions related to interest rate, loan-to-value ratio, or appraisal.

Process and consequences follow once the contract is in place. If the buyer cannot secure financing on the agreed terms by the deadline, the buyer can usually terminate the agreement without penalty and recover any deposit. If financing is obtained, the condition is considered fulfilled and the sale proceeds. In some cases, contracts include mechanisms for extending the deadline or renegotiating the terms if financing is delayed.

Practical considerations include ensuring the terms are specific and achievable, encouraging prospective buyers to obtain pre-approval, and requiring clear proof of financing. For sellers, financing conditions provide a degree of protection against the risk of a buyer being unable to finalize payment, but must be balanced to avoid deterring serious offers.