Residential Real Estate Purchase Agreement Template for Denmark

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Key Requirements PROMPT example:

Residential Real Estate Purchase Agreement

Document background
The Residential Real Estate Purchase Agreement is a fundamental legal document used in Danish property transactions to formalize the sale and purchase of residential properties. It is essential for any residential property transfer in Denmark and must comply with specific requirements under Danish property law, including the Danish Sale of Goods Act and Registration of Property Act. This document is used when a definitive agreement has been reached between buyer and seller, following initial negotiations and property inspections. It includes crucial information about the property, parties, purchase price, financing arrangements, condition reports, energy certificates, and transfer terms. The agreement serves as the basis for property registration with the Danish Land Registry (Tingbogen) and is required for the formal transfer of ownership. It must incorporate mandatory Danish legal requirements while protecting both parties' interests throughout the transaction process.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and CPR numbers (or CVR numbers for companies)

2. Background: Brief context of the transaction and confirmation that the seller owns the property

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

4. Property Details: Comprehensive description of the property including address, land registry details, plot size, and built area

5. Purchase Price: The agreed purchase price, payment structure, and deposit requirements

6. Financing: Details of how the purchase will be financed, including mortgage arrangements and conditions

7. Condition of Property: Description of the property's current condition, including any known defects and the results of property inspections

8. Energy Certificate: Details of the mandatory energy performance certificate and its ratings

9. Transfer of Ownership: The agreed completion date and process for transferring ownership

10. Costs and Taxes: Allocation of transaction costs, property taxes, and utility charges between parties

11. Property Insurance: Requirements for insurance coverage during the transfer period

12. Representations and Warranties: Standard declarations by both parties regarding their capacity to enter into the agreement and property-related warranties

13. Risk and Handover: When risk passes to the buyer and arrangements for physical possession

14. Default and Remedies: Consequences of breach by either party and available remedies

15. Governing Law: Confirmation that Danish law governs the agreement and jurisdiction details

Optional Sections

1. Tenant Rights: Required if the property is currently tenanted, detailing existing tenancy agreements and handling of deposits

2. Fixtures and Fittings: Detailed list of items included/excluded in the sale when there are specific arrangements

3. Planning Permissions: Required if there are ongoing building works or recent modifications needing documentation

4. Environmental Matters: Required if there are specific environmental issues or protections affecting the property

5. Parking Rights: Required if separate parking arrangements or rights are included

6. Shared Facilities: Required for properties with shared amenities or in managed developments

7. Pre-emption Rights: Required if there are any pre-emption rights affecting the property

8. Mortgage Assumption: Required if the buyer is taking over existing mortgage arrangements

Suggested Schedules

1. Property Plan: Official land registry map and property boundaries

2. Property Inspection Report: Detailed technical survey of the property's condition

3. Energy Performance Certificate: Official energy rating documentation

4. Title Documents: Copy of land registry extract and any relevant easements

5. Inventory List: Detailed list of included fixtures, fittings, and appliances

6. Property Charges: Details of property taxes, utilities, and other ongoing charges

7. Insurance Certificates: Copies of relevant insurance policies and coverage details

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

9. Environmental Reports: Any environmental surveys or assessments conducted

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Sale of Goods Act (Købeloven): The fundamental law governing purchase and sale transactions in Denmark, including real estate. It sets basic principles for sales contracts, though some provisions are modified by specific real estate regulations.
Danish Formation of Contracts Act (Aftaleloven): Regulates how legally binding agreements are formed and the general principles of contract law in Denmark, including offer and acceptance, and validity of contracts.
Danish Registration of Property Act (Tinglysningsloven): Governs the registration of real property rights and encumbrances in the Land Registry (Tingbogen), which is crucial for property transfers.
Danish Real Estate Agents Act (Ejendomsmæglerlov): Regulates the conduct and obligations of real estate agents in property transactions, including disclosure requirements and professional standards.
Danish Energy Performance of Buildings Directive: Requires energy performance certificates for properties being sold, which must be available to potential buyers.
Danish Planning Act (Planloven): Governs land use and development regulations that may affect property rights and usage restrictions.
Danish Mortgage Credit Act (Realkreditloven): Regulates mortgage financing for real estate purchases, including requirements for loans and security interests.
Danish Property Tax Act (Ejendomsskatteloven): Governs property taxation, which needs to be addressed in terms of payment responsibility and pro-rating between buyer and seller.
Danish Environmental Protection Act (Miljøbeskyttelsesloven): Contains provisions regarding environmental obligations and restrictions that may affect property use and transfer.
Danish Consumer Protection Act (Forbrugeraftaleloven): Provides additional protection when one party is a consumer, including specific rights and cooling-off periods in certain situations.
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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