Owner To Owner House Sale Contract

Owner To Owner House Sale Contract Template for Denmark

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Document background

The Owner To Owner House Sale Contract is a crucial legal document used in Danish residential property transactions between private individuals. It is specifically designed to comply with Danish property law and conveyancing requirements, incorporating all necessary elements for a valid property transfer in Denmark. This document is used when a private property owner wishes to sell their residential property directly to another private buyer, without commercial intermediaries as the primary parties. The contract includes mandatory elements required by Danish law such as property condition reports (tilstandsrapport), energy performance certificates (energimærkning), and specific provisions for registration in the Danish Land Registry (Tinglysning). It addresses key aspects such as purchase price, payment terms, property condition, warranties, and the transfer process, while ensuring compliance with Danish consumer protection regulations and property transfer requirements.

Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, addresses, and CPR/CVR numbers

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Complete description of the property including address, land registry number (matrikelnummer), size, and included fixtures and fittings

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

6. Property Condition: Statement of the property's condition, reference to property condition report (tilstandsrapport), and any known defects

7. Energy Certificate: Details of the mandatory energy performance certificate (energimærkning)

8. Transfer of Ownership: Terms for the transfer of title, including registration process and timing

9. Closing Date and Possession: Specified date for completion of the sale and handover of the property

10. Property Charges: Allocation of property taxes, utilities, and other ongoing charges

11. Insurance: Requirements for property insurance during the transition period

12. Representations and Warranties: Standard declarations by both parties regarding their capacity to enter into the agreement

13. Governing Law: Confirmation that the agreement is governed by Danish law

14. Signatures: Execution blocks for all parties and witnesses

Optional Sections

1. Mortgage Arrangements: Required when there are specific arrangements regarding existing or new mortgages

2. Conditional Sale Terms: Used when the sale is subject to specific conditions such as buyer obtaining financing or selling their existing property

3. Remediation Works: Required when specific repairs or improvements are agreed to be completed before completion

4. Rental Situation: Needed if the property is currently rented and includes terms about ending or transferring tenancy

5. Property Use Restrictions: Required when there are specific restrictions or easements affecting the property

6. Furniture and Fixtures: Used when specific items of furniture or equipment are included in the sale

7. Development Rights: Required when there are unused development rights or pending planning permissions being transferred

Suggested Schedules

1. Property Condition Report: Copy of the official property condition report (tilstandsrapport)

2. Energy Performance Certificate: Copy of the current energy performance certificate

3. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances

4. Property Plans: Official property plans and measurements

5. Fixture and Fittings List: Detailed inventory of items included and excluded from the sale

6. Property Insurance Details: Current insurance policy details and claims history

7. Property Charges Statement: Statement of current property taxes and utility charges

8. Building Permits: Copies of relevant building permits and certificates

9. Photos: Dated photographs of the property's condition at the time of contract

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