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Assignment Agreement (Real Estate)

Assignment Agreement (Real Estate) Template for Denmark

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Assignment Agreement (Real Estate)

I need a Real Estate Assignment Agreement for transferring ownership of a commercial warehouse property in Copenhagen to a logistics company, including provisions for existing tenant agreements and environmental compliance requirements, with completion planned for March 2025.

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Document background
The Assignment Agreement (Real Estate) is a crucial document used in Danish property transactions when transferring real estate rights and obligations from one party to another. This agreement is particularly relevant in situations involving property portfolio restructuring, corporate reorganizations, or when reassigning development projects. The document must comply with specific Danish legal requirements, including the Danish Formation of Contracts Act (Aftaleloven) and the Registration of Property Act (Tinglysningsloven). It contains detailed provisions about the property, payment terms, and registration requirements, while addressing Danish-specific elements such as tingbogsattester (land register extracts) and matrikelnummer (cadastral number). The agreement is designed to ensure a legally compliant transfer while protecting both parties' interests under Danish law.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names, addresses, and registration numbers (CPR/CVR) as required under Danish law

2. Background: Context of the assignment, including the original acquisition of the property and reason for assignment

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and Danish legal concepts

4. Property Description: Detailed description of the real estate being assigned, including cadastral number (matrikelnummer) and property address

5. Assignment: Core provisions regarding the transfer of rights and obligations from Assignor to Assignee

6. Purchase Price: Details of the consideration, payment terms, and any adjustments

7. Closing and Registration: Process and requirements for completing the assignment and registering with the Danish Land Registry (Tinglysning)

8. Representations and Warranties: Standard declarations about the property's condition, title, and encumbrances

9. Tax Matters: Allocation of tax liabilities and responsibilities, including property and transfer taxes

10. Costs and Expenses: Allocation of transaction costs, including registration fees and stamp duty

11. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes

Optional Sections

1. Mortgage Assignment: Required when existing mortgages are being transferred to the Assignee

2. Tenant Rights: Necessary when the property is subject to existing lease agreements

3. Environmental Provisions: Required when there are known environmental issues or specific environmental warranties needed

4. Development Rights: Include when the property has pending or approved development permits or rights

5. Third Party Consents: Required when assignment requires approval from mortgage providers, municipalities, or other third parties

6. Property Management: Include when transferring ongoing property management contracts or obligations

7. Pre-emptive Rights: Required when there are existing pre-emptive rights that need to be addressed

8. Construction Warranties: Include for new properties or recent renovations where warranties are being transferred

Suggested Schedules

1. Property Details: Comprehensive technical description, including land register extract (tingbogsattest) and cadastral map

2. Title Documents: Copies of existing title deed and ownership documentation

3. Encumbrances: List of all registered charges, mortgages, and easements

4. Property Condition Report: Recent inspection reports or property condition assessments

5. Financial Information: Details of existing mortgages, property taxes, and other financial obligations

6. Due Diligence Reports: Technical, environmental, and legal due diligence findings

7. Existing Contracts: Copies of relevant service contracts, lease agreements, and other ongoing obligations

8. Insurance Certificates: Details of existing insurance policies and claims history

9. Plans and Permits: Relevant building permits, zoning documents, and development plans

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Assignee
Assignor
Assignment Date
Closing
Closing Date
Consideration
Deed of Assignment
Effective Date
Encumbrances
Environmental Laws
Existing Contracts
Land Register Extract (Tingbogsattest)
Land Registry (Tinglysning)
Lease Agreements
Matrikelnummer
Mortgage Deed (Pantebrev)
Party/Parties
Permitted Encumbrances
Property
Property Rights
Purchase Price
Registration Fees
Stamp Duty
Title Documents
Transfer Date
Warranties
Working Day
Zoning Requirements (Lokalplan)
Property Charges (Ejendomsskatter)
Due Diligence Materials
Completion Statement
Existing Mortgages
Property Insurance
Service Contracts
Transfer Notice
Valuation Report
Building Permits (Byggetilladelser)
Registration Requirements
Clauses
Interpretation
Assignment
Property Transfer
Purchase Price
Payment Terms
Conditions Precedent
Completion
Registration
Title
Representations and Warranties
Property Condition
Environmental Compliance
Encumbrances
Due Diligence
Tax Matters
Insurance
Property Management
Existing Contracts
Tenant Rights
Property Access
Risk Transfer
Mortgage Assignment
Third Party Consents
Stamp Duty
Documentation
Costs and Expenses
Default
Remedies
Force Majeure
Notices
Confidentiality
Data Protection
Assignment Rights
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries

Real Estate

Construction

Property Development

Banking & Finance

Legal Services

Property Management

Investment & Fund Management

Commercial Property

Residential Property

Urban Development

Agriculture (for rural properties)

Retail (for commercial properties)

Hospitality

Industrial & Logistics

Relevant Teams

Legal

Real Estate

Property Management

Investment

Acquisitions

Development

Asset Management

Finance

Compliance

Risk Management

Operations

Facilities Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Investment Manager

Legal Counsel

Property Surveyor

Asset Manager

Transaction Manager

Real Estate Portfolio Manager

Development Director

Acquisitions Manager

Property Valuer

Real Estate Investment Analyst

Compliance Officer

Real Estate Fund Manager

Industries
Danish Formation of Contracts Act (Aftaleloven): Governs the formation and validity of contracts, including requirements for offer and acceptance, and provisions regarding power of attorney
Danish Registration of Property Act (Tinglysningsloven): Regulates the registration of real property rights and establishes the legal framework for property registration in the Land Registry
Danish Property Law (Ejendomsret): Contains fundamental principles regarding property ownership, transfer of title, and property rights
Danish Mortgage-Credit Loans and Mortgage-Credit Bonds Act (Realkreditloven): Regulates mortgage financing and security interests in real property, which may need to be addressed in the assignment
Danish Planning Act (Planloven): Governs land use and zoning regulations that may affect the property's use and value
Danish Capital Gains Tax Act (Ejendomsavancebeskatningsloven): Regulates taxation of gains from property sales and transfers, which should be considered in the assignment structure
Danish Stamp Duty Act (Tinglysningsafgiftsloven): Determines the stamp duty payable on property transfers and registration of ownership rights
Danish Act on Real Estate Agents (Ejendomsmæglerloven): Relevant if real estate agents are involved in the assignment process, setting out their obligations and responsibilities
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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