Agreement To Sell Real Estate Contract Template for Denmark

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Key Requirements PROMPT example:

Agreement To Sell Real Estate Contract

I need an Agreement To Sell Real Estate Contract for a residential property sale in Copenhagen, with closing scheduled for March 15, 2025, that includes specific provisions for the existing tenant's rights and the requirement for the seller to complete certain renovations before the handover.

What is a Agreement To Sell Real Estate Contract?

The Agreement To Sell Real Estate Contract is a fundamental legal document used in Danish property transactions to formalize the sale and purchase of real estate. This document is essential whenever there is a transfer of property ownership in Denmark, whether for residential or commercial properties. It must comply with Danish property law, including requirements for energy certification, property registration, and consumer protection regulations. The agreement includes comprehensive details about the property, purchase terms, conditions for closing, and both parties' rights and obligations. It serves as the primary reference document for the transaction and is typically prepared after initial negotiations but before the final property transfer, often requiring input from legal professionals to ensure compliance with Danish jurisdiction requirements. The document is crucial for protecting both parties' interests and ensuring a legally binding and enforceable property transfer.

What sections should be included in a Agreement To Sell Real Estate Contract?

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and CPR/CVR numbers as required under Danish law

2. Background: Context of the sale and brief property introduction

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, land registry details (matrikelnummer), size, and included fixtures and fittings

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

6. Payment Terms: Detailed structure of payments, including deposit, timing, and method of payment

7. Closing Date and Handover: Specified date for closing (overtagelsesdag) and conditions for property handover

8. Property Condition: Current condition of the property and any known defects or issues

9. Seller's Warranties: Seller's representations regarding property ownership, encumbrances, and condition

10. Buyer's Investigation Rights: Buyer's right to inspect and investigate the property

11. Registration and Transfer: Process and responsibilities for legal registration of ownership transfer

12. Costs and Expenses: Allocation of transaction costs, including registration fees and taxes

13. Governing Law: Confirmation of Danish law application and jurisdiction

14. Signatures: Execution block for all parties

What sections are optional to include in a Agreement To Sell Real Estate Contract?

1. Financing Conditions: Include when the purchase is contingent on buyer obtaining mortgage financing

2. Property Insurance: Include when specific insurance arrangements need to be made between signing and closing

3. Tenant Rights: Include if the property is currently leased to tenants

4. Environmental Conditions: Include if there are known environmental issues or investigations

5. Construction Requirements: Include if there are pending building works or renovation requirements

6. Right of Withdrawal: Include for consumer purchases where applicable under Danish law

7. Property Management: Include for properties within housing associations or shared facilities

8. Special Conditions: Include for any unique circumstances or requirements specific to the property

What schedules should be included in a Agreement To Sell Real Estate Contract?

1. Property Details: Detailed technical description of the property, including floor plans and land registry information

2. Energy Performance Certificate: Mandatory energy rating certificate (energimærkning)

3. Property Inspection Report: Technical inspection report (tilstandsrapport) if applicable

4. Insurance Information: Details of existing building insurance and claims history

5. Property Charges: List of all current property charges, taxes, and utility costs

6. Title Documents: Copy of current title deed and any relevant easements

7. Planning Documents: Relevant zoning information and local planning restrictions

8. Photographs: Current photographs of the property and any specific features or defects

9. Mortgage Details: Information about existing mortgages and payment requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Financial Services

Legal Services

Insurance

Property Management

Urban Development

Residential Housing

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Contract Administration

Risk Management

Investment

Operations

Business Development

Corporate Services

Relevant Roles

Real Estate Agent

Property Lawyer

Legal Counsel

Property Manager

Real Estate Developer

Mortgage Advisor

Property Surveyor

Compliance Officer

Contract Manager

Real Estate Investment Manager

Property Portfolio Manager

Legal Administrator

Real Estate Broker

Title Examiner

Property Assessor

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 contract meets basic legal requirements.
Registration of Property Act (Tinglysningsloven): Regulates the registration and transfer of real property rights in Denmark, including requirements for proper documentation and registration of ownership changes.
Planning Act (Planloven): Governs land use and zoning regulations, which must be considered when transferring property to ensure compliance with local planning laws and restrictions.
Energy Labelling of Buildings Act (Lov om energimærkning af bygninger): Requires an energy performance certificate for properties being sold, which must be available to the buyer before the sale.
Property Trading Act (Lov om omsætning af fast ejendom): Regulates professional real estate trading and sets requirements for real estate agents, though relevant for private sales as well.
Danish Mortgage-Credit Loans Act (Realkreditloven): Important for understanding mortgage regulations and requirements, as most property sales involve mortgage financing.
Consumer Protection Act (Forbrugerbeskyttelsesloven): Applies when selling to private individuals, ensuring proper consumer protection and right of withdrawal in certain cases.
Property Assessment Act (Ejendomsvurderingsloven): Relevant for understanding property valuation rules and tax assessment principles that affect the sale price and transaction.
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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