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Holding Deposit Contract
1. Parties: Identification of the property owner/seller and the potential buyer/tenant, including full legal names, addresses, and contact details
2. Background: Brief context explaining the purpose of the holding deposit and the property transaction it relates to
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Holding Deposit', 'Completion Date', etc.
4. Property Details: Full description and address of the property for which the holding deposit is being paid
5. Deposit Amount and Payment: Specification of the holding deposit amount, payment method, and deadline
6. Purpose of Deposit: Clear statement of what the holding deposit secures and its role in the transaction
7. Duration: Period for which the property will be held and timeline for the full transaction
8. Conditions for Refund: Circumstances under which the deposit will be refunded to the potential buyer/tenant
9. Conditions for Forfeit: Circumstances under which the deposit may be forfeited to the property owner/seller
10. Application Towards Purchase/Rent: How the holding deposit will be applied to the final purchase price or rental deposit
11. Governing Law: Confirmation that the agreement is governed by Danish law
12. Signatures: Execution section for all parties to sign and date
1. Due Diligence Period: Terms regarding any due diligence period, used when buyers require time to conduct property investigations
2. Mortgage Contingency: Conditions relating to mortgage approval, included when the transaction depends on buyer securing financing
3. Property Inspection: Terms regarding property inspection rights and outcomes, used when specific inspection conditions are needed
4. Third Party Approvals: Requirements for additional approvals (e.g., board approval for cooperatives), included when relevant
5. Special Conditions: Any unique terms specific to the transaction, used when standard terms need modification
6. Dispute Resolution: Specific procedures for handling disputes, included when parties want detailed conflict resolution procedures
1. Schedule 1 - Property Details: Detailed description of the property including land registry details, measurements, and included fixtures
2. Schedule 2 - Payment Details: Bank account information and payment schedule for the holding deposit
3. Appendix A - Property Photos: Current dated photographs of the property, if relevant
4. Appendix B - Proof of Deposit Payment: Copy of bank transfer or payment receipt for the holding deposit
Authors
Property
Holding Deposit
Completion Date
Deposit Holder
Due Diligence Period
Effective Date
Purchase Price
Owner
Prospective Buyer
Property Documents
Refund
Forfeiture
Business Day
Bank Account
Transaction
Notice
Working Day
Parties
Transfer Date
Holding Period
Condition Precedent
Completion
Material Adverse Change
Force Majeure
Confidential Information
Deposit Conditions
Refund Rights
Forfeiture Conditions
Property Details
Duration
Representations and Warranties
Confidentiality
Force Majeure
Notices
Assignment
Entire Agreement
Severability
Governing Law
Dispute Resolution
Third Party Rights
Compliance with Laws
Anti-Money Laundering
Data Protection
Amendment
Termination
Time of Essence
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