Commercial Real Estate Purchase Agreement Template for Denmark

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Key Requirements PROMPT example:

Commercial Real Estate Purchase Agreement

I need a Commercial Real Estate Purchase Agreement under Danish law for purchasing a 5,000 square meter warehouse facility in Copenhagen's industrial district, with specific focus on environmental compliance and future development rights; completion expected by March 2025.

What is a Commercial Real Estate Purchase Agreement?

The Commercial Real Estate Purchase Agreement is a crucial legal document used in Denmark for transferring ownership of commercial properties. It is essential when any business entity wishes to purchase commercial real estate, whether for operational use, investment, or development purposes. The agreement must comply with Danish property law, including the Tinglysningsloven and related regulations, and typically includes comprehensive provisions covering property description, purchase price, due diligence requirements, warranties, and completion procedures. This document is particularly important as it provides legal certainty for high-value transactions and ensures all aspects of the property transfer are properly documented and legally enforceable under Danish law. It should be customized based on the specific property type, intended use, and any special conditions agreed between the parties.

What sections should be included in a Commercial Real Estate Purchase Agreement?

1. Parties: Identification of the seller and purchaser with full legal names, registration numbers, and addresses

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, and cadastral numbers

5. Purchase Price: Specification of the purchase price, payment terms, and deposit requirements

6. Due Diligence: Buyer's right to conduct investigations and the scope of due diligence

7. Conditions Precedent: Conditions that must be satisfied before completion of the purchase

8. Seller's Warranties: Warranties given by the seller regarding the property's condition, title, and compliance

9. Completion: Mechanics of completion, including timing, documentation, and registration requirements

10. Transfer of Risk: Timing and conditions for transfer of risk and insurance obligations

11. Tax Matters: Treatment of property taxes, transfer taxes, and other tax obligations

12. Costs: Allocation of transaction costs between parties

13. Notices: Process for giving formal notices under the agreement

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

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Commercial Real Estate Purchase Agreement?

1. Existing Tenancies: Details of existing lease agreements and treatment of tenant deposits - include when property has current tenants

2. Financing Conditions: Specific conditions related to purchaser's financing - include when purchase is contingent on financing

3. Environmental Matters: Specific provisions regarding known environmental issues - include when property has environmental concerns

4. Development Rights: Provisions regarding development potential and permits - include when property has development potential

5. Service Contracts: Treatment of existing service contracts - include when property has ongoing service agreements

6. Asset Transfer: Transfer of fixtures, fittings, and equipment - include when sale includes significant movable assets

7. Post-Completion Obligations: Specific obligations after completion - include when there are post-completion requirements

8. Broker Provisions: Terms regarding real estate broker involvement - include when brokers are involved

What schedules should be included in a Commercial Real Estate Purchase Agreement?

1. Property Description Schedule: Detailed technical description of the property, including maps and plans

2. Title Documents: List of all title documents and registered encumbrances

3. Existing Leases: Copies and summaries of all existing lease agreements

4. Service Contracts: List and copies of all service contracts affecting the property

5. Property Condition Report: Technical assessment of property condition

6. Environmental Reports: Environmental surveys and assessments

7. Planning Permissions: Copies of relevant planning permissions and certificates

8. Energy Performance Certificate: Mandatory energy performance documentation

9. Property Charges: Details of property taxes and other recurring charges

10. Form of Transfer Deed: Template for the property transfer deed (skøde)

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

Commercial Property Development

Retail

Manufacturing

Hospitality

Office Space Management

Logistics and Warehousing

Healthcare Facilities

Industrial

Financial Services

Legal Services

Construction

Property Investment

Relevant Teams

Legal

Finance

Real Estate

Operations

Facilities Management

Risk and Compliance

Corporate Development

Investment

Property Management

Asset Management

Strategic Planning

Due Diligence

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Director

Property Manager

Corporate Lawyer

Legal Counsel

Commercial Director

Facilities Manager

Investment Manager

Development Director

Risk Manager

Operations Director

Transaction Manager

Asset Manager

Compliance Officer

Finance Director

Industries
Tinglysningsloven (Danish Registration of Property Act): Governs the registration and recording of real property rights, including ownership transfers and mortgages. Essential for ensuring legal title transfer and registration of the property deed.
Aftaleloven (Danish Contracts Act): Regulates the formation and validity of contracts, including real estate purchase agreements. Provides framework for offer, acceptance, and general contractual obligations.
Planloven (Danish Planning Act): Controls land use and zoning regulations. Crucial for verifying permitted commercial use and future development possibilities of the property.
Miljøbeskyttelsesloven (Environmental Protection Act): Sets requirements for environmental compliance and potential contamination issues. Important for due diligence and liability assessment.
Ejendomsvurderingsloven (Property Valuation Act): Governs the valuation of real estate for tax purposes and provides framework for property assessment.
Byggeloven (Danish Building Act): Regulates construction and building requirements. Important for assessing compliance of existing structures and potential renovations.
Ejendomsavancebeskatningsloven (Property Gains Tax Act): Governs taxation of gains from property sales. Essential for understanding tax implications of the transaction.
Energimærkningsloven (Energy Labeling Act): Requires energy performance certification for buildings. Mandatory for commercial property transactions.
Lejeloven (Danish Lease Act): Relevant if the commercial property has existing tenants, as it governs the rights and obligations of landlords and tenants.
Hvidvaskloven (Anti-Money Laundering Act): Imposes requirements for verification of parties and source of funds in real estate transactions to prevent money laundering.
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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