Real Estate Agreement Contract Template for Denmark

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Key Requirements PROMPT example:

Real Estate Agreement Contract

Document background
The Real Estate Agreement Contract is a fundamental legal document used in Danish property transactions to formalize the transfer of real estate ownership. This document is essential for both residential and commercial property sales in Denmark, incorporating specific requirements under Danish property law, including compliance with the Danish Formation of Contracts Act (Aftaleloven) and Purchase Act (Købeloven). The agreement covers crucial elements such as property description, purchase price, payment terms, conditions precedent, warranties, and closing requirements. It's designed to protect both parties' interests while ensuring proper registration with the Danish Land Registry (Tingbogen). The document is particularly important as it serves as the primary reference point for all aspects of the property transaction and must comply with strict Danish regulatory requirements regarding property transfers, energy certification, and environmental considerations.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for corporate entities

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, land registry details, cadastral number, and size

5. Purchase Price: Specified purchase price, payment terms, and deposit requirements

6. Payment Terms: Detailed payment schedule, method of payment, and escrow arrangements

7. Closing Date and Handover: Specified date for closing the transaction and transferring possession

8. Condition of Property: Statement of the property's current condition and any known defects

9. Seller's Warranties: Warranties regarding property ownership, encumbrances, and disclosed information

10. Due Diligence: Buyer's right to inspect and investigate the property

11. Registration and Transfer: Process for legal registration of the property transfer

12. Costs and Taxes: Allocation of transaction costs, registration fees, and property taxes

13. Default and Remedies: Consequences of breach and available remedies

14. Governing Law: Confirmation of Danish law as governing law and jurisdiction

15. Signatures: Execution block for all parties

Optional Sections

1. Mortgage Arrangements: Details of existing mortgages and arrangements for their discharge or transfer - include when property has existing mortgages

2. Tenant Rights: Information about existing tenancies and their status - include when property is sold with sitting tenants

3. Environmental Matters: Specific environmental obligations or known issues - include when property has environmental concerns

4. Development Rights: Details of any development permits or restrictions - include for properties with development potential

5. Agricultural Provisions: Specific provisions related to agricultural land - include for rural properties

6. Business Assets: Details of any business assets included in the sale - include when property includes commercial elements

7. Parking Rights: Details of parking arrangements and rights - include for urban properties with parking considerations

8. Common Areas: Rights and obligations regarding common areas - include for properties in shared developments

Suggested Schedules

1. Property Plan: Detailed plans and drawings of the property including boundaries

2. Title Documents: Copies of relevant title documents and land registry extracts

3. Energy Performance Certificate: Current energy performance certificate as required by Danish law

4. Property Inspection Report: Technical inspection report detailing property condition

5. Inventory List: List of fixtures, fittings, and any other items included in the sale

6. Planning Documents: Relevant planning permissions and restrictions

7. Environmental Reports: Any environmental surveys or contamination reports

8. Building Permits: Copies of relevant building permits and certificates

9. Insurance Certificates: Details of current property insurance

10. Property Charges: Schedule of current property charges and utilities

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Formation of Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and general principles of contract law in Denmark. Essential for ensuring the real estate agreement meets basic contractual requirements.
Danish Purchase Act (Købeloven): Regulates purchase agreements and sets forth basic principles for property transactions, including rules about defects and buyer's remedies.
Registration of Property Act (Tinglysningsloven): Governs the registration of real property rights and mortgages in the Land Registry (Tingbogen). Essential for ensuring proper transfer of title.
Planning Act (Planloven): Regulates land use and zoning requirements. Important for verifying permitted use of the property and potential development restrictions.
Energy Performance of Buildings Directive (Energimærkningsordningen): Requires energy performance certificates for buildings being sold or rented. Must be referenced in the real estate agreement.
Property Assessment Act (Ejendomsvurderingsloven): Governs how properties are valued for tax purposes, which affects property transactions and must be considered in the agreement.
Housing Regulation Act (Boligreguleringsloven): Contains regulations about property use and maintenance, particularly relevant if the property includes rental units.
Environmental Protection Act (Miljøbeskyttelsesloven): Relevant for environmental obligations and restrictions that may affect the property, including soil contamination regulations.
Real Estate Agent Act (Ejendomsmæglerloven): Regulates the role and responsibilities of real estate agents in property transactions, if an agent is involved in the deal.
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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