Apartment Purchase Agreement

Apartment Purchase Agreement Template for Denmark

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Document background

The Apartment Purchase Agreement is a crucial legal document used in Danish real estate transactions for the transfer of apartment ownership. It is specifically designed to comply with Danish property law requirements and includes mandatory elements such as energy certificates, owners' association details, and Land Registry requirements. This document is essential when purchasing any apartment in Denmark, whether for residential or investment purposes, and must be used in conjunction with proper registration in the Danish Land Registry (Tingbogen). The agreement covers all aspects of the transaction, from initial property description and price to completion procedures and post-completion obligations. It is particularly important as apartments in Denmark often involve shared ownership elements through owners' associations (ejerforeninger), which must be properly addressed in the agreement.

Suggested Sections

1. Parties: Identification and details of the seller and buyer, including names, addresses, and CPR numbers (if applicable)

2. Background: Brief context of the transaction and confirmation that the seller owns the property

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, etc.

4. Property Description: Detailed description of the apartment, including address, property number (ejerlejlighedsnummer), size, and included fixtures and fittings

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

6. Financing: Details of how the purchase will be financed, including mortgage arrangements and conditions

7. Condition of Property: Statement of the property's condition, including any known defects and results of property inspection

8. Energy Rating: Current energy performance certificate details as required by Danish law

9. Association Matters: Details about the owners' association (ejerforening), including rights and obligations

10. Transfer of Ownership: Process and timing for legal transfer of ownership and registration in the Land Registry

11. Completion: Requirements and process for completion of the purchase

12. Costs and Expenses: Allocation of transaction costs between parties

13. Representations and Warranties: Standard warranties from both parties regarding capacity and authority

14. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction

Optional Sections

1. Tenant Rights: Required if the property is currently tenanted, detailing existing tenancy agreements and rights

2. Parking: Required if parking space or garage is included in the purchase

3. Storage: Required if separate storage facilities are included in the purchase

4. Renovation Requirements: Required if specific renovation or repair works are agreed as part of the purchase

5. Mortgage Assumption: Required if buyer is assuming any existing mortgages

6. Third-Party Rights: Required if there are any third-party rights or easements affecting the property

7. Environmental Matters: Required if there are any environmental issues or restrictions affecting the property

Suggested Schedules

1. Property Information: Detailed property information including floor plans, area calculations, and room specifications

2. Title Documents: Copy of current title registration and documentation from the Land Registry

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

4. Energy Performance Certificate: Current energy performance certificate (energimærkning)

5. Association Documents: Owners' association (ejerforening) articles, recent accounts, and house rules

6. Property Charges: Details of property taxes, association fees, and other regular charges

7. Insurance Documents: Details of building insurance and other relevant insurance policies

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

9. Inventory List: List of any fixtures, fittings, or furniture included in the sale

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