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Contract to Sell
I need a contract to sell a residential property located in Copenhagen, including terms for a 10% deposit, a 30-day closing period, and a clause for the buyer to secure financing within 14 days. The contract should also outline the transfer of existing warranties and include a provision for a final inspection prior to closing.
What is a Contract to Sell?
A Contract to Sell is a binding agreement where a seller promises to transfer ownership of property to a buyer at a future date, once specific conditions are met. Under Danish contract law, this preliminary agreement creates mutual obligations while keeping the actual transfer of ownership separate from the initial commitment.
Danish businesses often use these contracts for real estate transactions, company acquisitions, and large equipment purchases. They protect both parties by clearly stating the sale price, payment terms, and key conditions that must be fulfilled before the final transfer. If either party breaks the agreement, Danish courts can enforce specific performance or award damages based on the Contracts Act (Aftaleloven).
When should you use a Contract to Sell?
Use a Contract to Sell when you need to secure a major purchase or sale before completing all the details. This agreement works perfectly for Danish real estate deals where you want to lock in the price and terms while waiting for mortgage approval, property inspections, or municipal permits.
The agreement protects both parties during complex transactions like business acquisitions or large equipment purchases. It's especially valuable when dealing with custom-made goods, construction projects, or situations requiring specific financing arrangements. Danish law recognizes these contracts as legally binding, giving you a clear framework to handle deposit payments, set completion deadlines, and outline what happens if either party can't fulfill their obligations.
What are the different types of Contract to Sell?
- Real Estate Sales Contract: Standard form for property transactions, including detailed terms for inspection periods and mortgage contingencies
- Deed Of Sale For Car: Simplified version for vehicle transfers, focusing on immediate ownership transfer and warranty details
- Exclusive Sales Agreement: Used for commercial distribution rights, granting sole selling privileges in specific territories
- Owner To Owner House Sale Contract: Direct sale agreement between private parties, bypassing real estate agents
- Sole Agent Agreement: Specialized contract giving exclusive rights to an agent to sell specific goods or properties
Who should typically use a Contract to Sell?
- Property Sellers: Private homeowners, real estate developers, and commercial property owners who want to secure a future sale while maintaining current ownership
- Property Buyers: Individuals, companies, or investors who need time to arrange financing or complete due diligence before taking ownership
- Real Estate Agents: Licensed professionals who draft and facilitate these contracts, ensuring compliance with Danish property laws
- Legal Advisors: Lawyers who review and customize Contract to Sell agreements, especially for complex commercial transactions
- Financial Institutions: Banks and mortgage providers who often require these contracts before approving property financing
How do you write a Contract to Sell?
- Property Details: Gather complete descriptions, addresses, and ownership documentation for the asset being sold
- Party Information: Collect legal names, contact details, and registration numbers for all buyers, sellers, and authorized representatives
- Price Structure: Document the agreed purchase price, deposit amount, payment schedule, and any financing conditions
- Timeline Planning: Set clear dates for deposit payment, due diligence completion, and final transfer of ownership
- Contingencies: List specific conditions that must be met before the sale becomes final, such as inspections or permits
- Document Generation: Use our platform to create a legally-sound Contract to Sell that includes all mandatory elements under Danish law
What should be included in a Contract to Sell?
- Identification Section: Full legal names, addresses, and registration numbers of all parties involved, including their signing authority
- Property Description: Detailed specification of the asset being sold, including registration numbers or cadastral details
- Purchase Terms: Clear statement of price, payment schedule, and deposit requirements under Danish contract law
- Conditions Precedent: Specific requirements that must be fulfilled before final sale completion
- Transfer Timeline: Explicit dates for key milestones and final ownership transfer
- Default Provisions: Consequences and remedies if either party fails to meet obligations
- Governing Law: Statement confirming Danish law applies and jurisdiction for dispute resolution
What's the difference between a Contract to Sell and a Buy-Sell Agreement?
A Contract to Sell differs significantly from a Buy-Sell Agreement in Danish law. While both deal with property transfers, their timing and purpose are quite different.
- Transfer Timing: A Contract to Sell creates a future obligation to transfer ownership, while a Buy-Sell Agreement typically executes the transfer immediately
- Conditions: Contract to Sell usually includes prerequisites that must be met before final sale, whereas Buy-Sell Agreements generally complete the transaction upon signing
- Payment Structure: Contract to Sell often involves deposits and staged payments, while Buy-Sell Agreements usually require full payment at execution
- Risk Transfer: In a Contract to Sell, the seller retains property risk until final transfer; Buy-Sell Agreements typically transfer risk immediately
- Legal Protection: Contract to Sell offers more flexibility for both parties to fulfill conditions, while Buy-Sell Agreements provide immediate certainty of ownership
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