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Contract To Sell Home

Contract To Sell Home Template for Denmark

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Contract To Sell Home

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Document background
The Contract to Sell Home is a fundamental legal document used in Danish residential property transactions. It serves as the primary agreement between parties when transferring home ownership in Denmark, incorporating all essential elements required by Danish property law. This document is typically used when a definitive agreement has been reached following initial negotiations and property inspections. It includes crucial information such as property details, purchase price, payment terms, closing conditions, and both parties' obligations. The contract must comply with Danish legal requirements including the Sale of Goods Act (Købeloven), Formation of Contracts Act (Aftaleloven), and specific property legislation. It's designed to protect both buyer and seller interests while ensuring the transaction meets all regulatory requirements, including energy certification, property condition disclosure, and land registry regulations.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and CPR numbers (personal identification numbers)

2. Background: Brief context of the sale and confirmation that the seller is the rightful owner of the property

3. Definitions: Key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including address, land registry number (matrikelnummer), size, and boundaries

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

6. Transfer of Ownership: Date of possession (overtagelsesdag), transfer of risk, and registration of title

7. Property Condition: Current condition of the property, known defects, and results of property inspection

8. Seller's Warranties: Seller's representations regarding the property's condition, outstanding debts, and legal status

9. Buyer's Obligations: Buyer's commitments, including financing arrangements and timing of payments

10. Closing Conditions: Requirements to be met before closing, including financing approval and property inspection

11. Costs and Taxes: Distribution of transaction costs, property taxes, and utilities

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

13. Governing Law: Confirmation that Danish law governs the agreement

14. Signatures: Execution block for all parties and witnesses

Optional Sections

1. Tenant Rights: Required when the property is currently leased, detailing existing tenancy agreements and their handling

2. Mortgage Assumption: Used when the buyer is taking over existing mortgages from the seller

3. Furniture and Fixtures: Needed when specific items of furniture or fixtures are included in the sale

4. Renovation Requirements: Include when there are mandatory renovations or repairs agreed as part of the sale

5. Environmental Issues: Required when there are known environmental concerns or contamination issues

6. Planning Permissions: Include when there are pending or required planning permissions relevant to the sale

7. Right of First Refusal: Used when there are existing rights of first refusal that need to be addressed

Suggested Schedules

1. Property Description Schedule: Detailed description of the property, including floor plans and land survey details

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

3. Property Inspection Report: Technical inspection report (tilstandsrapport) detailing property condition

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

5. Property Charges Schedule: List of all charges, taxes, and utilities associated with the property

6. Inventory List: Detailed list of any furniture, fixtures, and fittings included in the sale

7. Title Documents: Copy of land registry information and any relevant easements or restrictions

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

9. Property Photographs: Documentary photographs of the property's condition at the time of sale

Authors

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Relevant legal definitions
Agreement
Property
Purchase Price
Closing Date
Possession Date
Transfer Date
Deposit
Land Registry
Title Deed
Property Register Number
Cadastral Number
Energy Performance Certificate
Property Inspection Report
Permitted Use
Building Insurance
Mortgage Deed
Registration Fees
Property Charges
Essential Services
Fixed Installations
Movable Fixtures
Built-in Appliances
Due Diligence Period
Settlement Statement
Title Insurance
Easements
Encumbrances
Force Majeure
Business Day
Completion
Default Event
Material Adverse Change
Municipality
Condition Precedent
Working Day
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Property Condition
Warranties and Representations
Due Diligence
Insurance
Property Inspection
Title and Registration
Mortgages and Liens
Property Charges
Environmental Compliance
Utilities and Services
Default and Remedies
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Closing Conditions
Risk Transfer
Property Access
Fixtures and Fittings
Planning and Zoning
Tax Provisions
Indemnification
Termination
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Sale of Goods Act (Købeloven): The fundamental law governing sales transactions in Denmark, which provides the basic framework for contracts of sale, including real estate transactions.
Danish Formation of Contracts Act (Aftaleloven): Regulates how legally binding agreements are formed and the general principles of contract law in Denmark.
Registration of Property Act (Tinglysningsloven): Governs the registration of property rights and mortgages in the Danish Land Registry, which is crucial for property transactions.
Danish Consumer Protection Act (Forbrugeraftaleloven): Provides protection for private individuals in property transactions, including rules about information requirements and cooling-off periods.
Energy Performance of Buildings Directive (Energimærkningsloven): Requires an energy performance certificate to be available when selling a property, showing the energy efficiency rating.
Property Assessment Act (Ejendomsvurderingsloven): Relates to the valuation of property for tax purposes, which can affect the sale transaction.
Danish Mortgage-Credit Loans Act (Realkreditloven): Regulates mortgage financing, which is often a crucial part of property transactions.
Real Estate Agents Act (Ejendomsmæglerlov): Governs the conduct and obligations of real estate agents in property transactions, including requirements for documentation and disclosure.
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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