Forward Purchase Agreement (Real Estate)

Forward Purchase Agreement (Real Estate) Template for Denmark

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Document background

The Forward Purchase Agreement (Real Estate) is a sophisticated transaction document used in the Danish real estate market when parties wish to agree on the future purchase of a property, often before its development or completion. This type of agreement is particularly relevant in development projects where investors want to secure future acquisition rights while allowing developers to obtain pre-commitment for their projects. The document needs to comply with Danish property law, construction regulations, and planning requirements, while addressing complex aspects such as interim period obligations, development specifications, and risk allocation. Forward Purchase Agreements are commonly used in commercial real estate developments, mixed-use projects, and large-scale residential developments, providing certainty for both buyers and sellers while establishing clear frameworks for the eventual transfer of property rights under Danish law.

Suggested Sections

1. Parties: Identification of buyer, seller and any guarantors with full legal details as required under Danish law

2. Background: Context of the transaction, including property description and development status

3. Definitions: Key terms used throughout the agreement, including Danish legal and technical terms

4. Sale and Purchase Obligation: Core transaction terms including purchase price, deposit requirements, and completion mechanics

5. Conditions Precedent: Requirements to be fulfilled before completion, including planning permissions and construction requirements

6. Interim Period Obligations: Parties' obligations between signing and completion, including development obligations and property maintenance

7. Completion Requirements: Detailed process for completion, including registration requirements and payment mechanics

8. Seller's Warranties: Standard warranties regarding title, capacity, and property condition under Danish law

9. Buyer's Warranties: Warranties regarding capacity and funding

10. Risk and Insurance: Risk allocation and required insurance coverage during interim period

11. Default and Termination: Consequences of breach and termination rights

12. Notices: Communication requirements and contact details

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

14. Execution: Signing provisions compliant with Danish requirements

Optional Sections

1. Development Obligations: Detailed requirements for property development when purchase relates to property under construction

2. Environmental Provisions: Specific provisions regarding environmental conditions and responsibilities when environmental issues are identified

3. Tenant Provisions: Provisions relating to existing or future tenants where property is or will be leased

4. Price Adjustment: Mechanisms for adjusting purchase price based on property characteristics or performance metrics

5. Third Party Rights: Provisions regarding rights of third parties when relevant to the transaction

6. Planning Conditions: Detailed planning and zoning requirements when development permission is pending

7. Financing Conditions: Specific provisions relating to external financing arrangements

8. VAT and Tax Provisions: Specific tax structure provisions where complex tax arrangements apply

Suggested Schedules

1. Property Description: Detailed property description including cadastral details and land registry information

2. Purchase Price Calculation: Detailed breakdown of purchase price components and adjustments

3. Completion Requirements: Checklist of documents and requirements for completion

4. Seller's Warranties: Full form warranties and disclosures

5. Development Specifications: Technical specifications for property development if applicable

6. Form of Transfer Documentation: Templates for transfer documents required under Danish law

7. Environmental Reports: Summary of environmental surveys and reports

8. Title Documents: Copies of title documents and encumbrances

9. Planning Permissions: Copies of relevant planning permissions and applications

10. Building Inspection Reports: Technical due diligence reports and surveys

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