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Option Agreement (Real Estate) Template for Denmark

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Option Agreement (Real Estate)

Document background
The Option Agreement (Real Estate) is a crucial document in Danish property transactions, typically used when parties wish to secure the potential purchase of a property while maintaining flexibility during a specified period. This document is particularly valuable in development projects, property investments, or complex real estate transactions where the potential purchaser needs time to conduct due diligence, secure financing, or obtain necessary permits. The agreement must comply with Danish property law requirements and typically includes detailed provisions about the property, option terms, exercise conditions, and registration requirements. The document serves as a preliminary step to a full property purchase agreement, providing the option holder with secured rights while allowing time for necessary preparations before committing to the full purchase.
Suggested Sections

1. Parties: Identification of the option grantor (property owner) and option holder, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the agreement, including brief description of the property and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Option Period', 'Option Price', and 'Exercise Notice'

4. Property Details: Detailed description of the property subject to the option, including cadastral number, address, and registered encumbrances

5. Grant of Option: Express grant of the option rights, including exclusivity provisions if applicable

6. Option Period: Duration of the option, including start date, end date, and any extension provisions

7. Option Price: Purchase price for the property if the option is exercised, including any adjustment mechanisms

8. Exercise of Option: Process and requirements for exercising the option, including notice requirements and timing

9. Payment Terms: Details of any option fee, deposit requirements, and payment structure for the purchase price

10. Due Diligence: Rights and process for conducting property investigations and due diligence

11. Conditions to Exercise: Any conditions that must be satisfied before the option can be exercised

12. Closing Process: Procedures and requirements for completing the purchase if the option is exercised

13. Representations and Warranties: Standard warranties about property ownership, authority to contract, and property condition

14. Registration: Provisions regarding registration of the option agreement with the Danish land registry

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

16. Notices: Process and requirements for giving formal notices under the agreement

17. Assignment: Restrictions or permissions regarding transfer of option rights

18. Entire Agreement: Standard boilerplate confirming the agreement represents the entire understanding between parties

Optional Sections

1. Development Rights: Used when the option holder requires rights to pursue development approvals during the option period

2. Third Party Consents: Required when the exercise of the option is conditional on obtaining specific third-party approvals

3. Environmental Provisions: Included when there are specific environmental concerns or requirements regarding the property

4. Tenant Provisions: Necessary when the property is subject to existing tenancies

5. Financing Conditions: Included when the option exercise is conditional on obtaining financing

6. Property Management: Used when specific requirements exist for property maintenance during the option period

7. Right of First Refusal: Added when the option holder has additional rights if the owner receives third-party offers

8. Tax Structure: Included when specific tax planning considerations need to be addressed

Suggested Schedules

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

2. Due Diligence Documents: List of documents to be provided for due diligence

3. Form of Exercise Notice: Template notice for exercising the option

4. Permitted Encumbrances: List of accepted encumbrances on the property title

5. Purchase Price Calculation: Detailed methodology for calculating the final purchase price

6. Property Condition Report: Current condition assessment of the property

7. Environmental Reports: Any existing environmental assessments or reports

8. Required Consents: List of required third-party or governmental consents

Authors

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Relevant Industries
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Relevant Roles
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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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