Estate Agency Agreement Template for Denmark

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Key Requirements PROMPT example:

Estate Agency Agreement

Document background
The Estate Agency Agreement is a crucial document used in Danish real estate transactions to formalize the relationship between property owners and licensed estate agents. This agreement is required whenever a property owner engages a professional estate agent to market and sell their property in Denmark. It must comply with the Danish Estate Agents Act (Ejendomsmæglerlov) and related regulations, including consumer protection and data privacy laws. The document details the scope of the agent's authority, commission structure, marketing strategy, and specific services to be provided. It also includes important provisions about property valuation, viewing arrangements, and the agent's obligations regarding documentation and disclosure. The agreement serves as both a legal safeguard and a practical framework for the property sale process, ensuring transparency and compliance with Danish real estate practice.
Suggested Sections

1. Parties: Identification of the estate agent and the property owner(s), including business registration numbers and contact details

2. Background: Brief context about the property sale and the owner's intention to engage the estate agent

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', and 'Marketing Materials'

4. Appointment and Scope: Details of the agent's appointment, whether exclusive or non-exclusive, and the specific services to be provided

5. Property Details: Full description of the property, including address, land registry details, and any included fixtures and fittings

6. Agent's Obligations: Comprehensive list of the estate agent's duties, including marketing, viewings, negotiations, and documentation requirements

7. Client's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

8. Commission and Fees: Detailed breakdown of the commission structure, additional costs, and payment terms in accordance with Danish regulations

9. Marketing and Promotion: Agreement on marketing strategy, channels, and associated costs

10. Data Protection: GDPR compliance provisions and handling of personal data

11. Duration and Termination: Term of the agreement and conditions for termination by either party

12. Liability and Insurance: Estate agent's professional liability and insurance coverage

13. Governing Law: Confirmation that the agreement is governed by Danish law and jurisdiction

Optional Sections

1. Dual Agency: Required when the estate agent may act for both seller and buyer, specifying how conflicts of interest will be managed

2. International Marketing: Include when the property will be marketed internationally, specifying additional services and costs

3. Property Management: Required when the agent will provide additional property management services during the sale period

4. Auction Provisions: Include when the property may be sold by auction, detailing specific procedures and costs

5. Pre-existing Damage: Include when there are known issues with the property that need documentation

6. Special Conditions: For unique properties or circumstances requiring additional terms

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property specification, including land registry information, fixtures, and fittings

2. Schedule 2 - Fee Structure: Detailed breakdown of commission rates, marketing costs, and other fees

3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and timeline

4. Schedule 4 - Property Condition Report: Current condition of the property, including any known issues or defects

5. Schedule 5 - Required Documentation: List of necessary documents for the sale, including energy performance certificate and property surveys

6. Appendix A - Property Photographs: Current photographs of the property for reference

7. Appendix B - Marketing Materials Approval Form: Template for client approval of marketing materials

8. Appendix C - Viewing Schedule Template: Standard form for recording property viewings and feedback

Authors

Relevant legal definitions
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Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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