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Option Contract (Real Estate) Template for Denmark

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Key Requirements PROMPT example:

Option Contract (Real Estate)

Document background
The Option Contract (Real Estate) is a crucial legal instrument in Danish property transactions, typically used when parties wish to secure future property rights while maintaining flexibility. This document is essential in situations where developers, investors, or potential buyers need time to conduct due diligence, arrange financing, or obtain necessary permits before committing to a full property purchase. The agreement, governed by Danish law, must comply with local property regulations and registration requirements. It includes detailed specifications of the property, option terms, exercise procedures, and conditions precedent, making it particularly valuable in complex real estate developments or strategic property acquisitions. The Option Contract (Real Estate) serves as a preliminary step to a full property transfer, providing security for both the option holder and the property owner while managing risks and obligations during the option period.
Suggested Sections

1. Parties: Identification and details of the option grantor (property owner) and option holder

2. Background: Context of the agreement and general intention of the parties

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

4. Property Description: Detailed description of the real estate subject to the option, including address, land registry details, and cadastral number

5. Grant of Option: Core terms of the option grant, whether it's a call or put option, and exclusivity provisions

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

7. Option Price and Premium: Amount payable for the option itself and the agreed purchase price if the option is exercised

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

9. Completion Obligations: Requirements and procedures for completing the property purchase after option exercise

10. Property Access and Information: Rights of the option holder to access and inspect the property during the option period

11. Representations and Warranties: Statements and guarantees about the property and parties' authority

12. Registration: Provisions regarding registration of the option in the Land Registry

13. Assignment: Rules regarding transfer of option rights to third parties

14. Termination: Circumstances under which the agreement can be terminated

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

16. Notices: Communication procedures between parties

17. Execution: Signature requirements and execution formalities

Optional Sections

1. Development Conditions: Used when the option is contingent on obtaining specific building permits or zoning changes

2. Environmental Provisions: Required when environmental investigations or remediation are relevant to the property

3. Financing Conditions: Include when the option exercise is subject to obtaining specific financing

4. Due Diligence: Detailed provisions for property investigation when extensive due diligence is required

5. Property Management: Include when specific requirements exist for property maintenance during the option period

6. Third Party Rights: Required when there are existing tenants or other third-party rights affecting the property

7. Tax Provisions: Include detailed tax arrangements when complex tax implications exist

8. Force Majeure: Include specific force majeure provisions when required by the circumstances

Suggested Schedules

1. Property Details: Detailed property description, including maps, plans, and land registry excerpts

2. Option Premium Calculation: Detailed breakdown of option premium calculation if complex

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

4. Due Diligence Documents: List of required due diligence documents and their status

5. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances

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

7. Required Permits: List of required permits and their status

8. Draft Purchase Agreement: Form of purchase agreement to be used upon option exercise

Authors

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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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