Property Sales Agreement

Property Sales Agreement Template for Denmark

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Document background

The Property Sales Agreement is a fundamental legal document used in Danish real estate transactions to formalize the transfer of property ownership. It is essential for both residential and commercial property sales in Denmark, requiring compliance with specific local regulations including the Danish Sale of Goods Act (Købeloven) and the Registration of Property Act (Tinglysningsloven). This document should be used whenever there is a transfer of real property ownership in Denmark, whether between private individuals, companies, or a combination thereof. The agreement includes mandatory elements such as energy performance certificates, property condition reports, and detailed property registration information. It must account for Danish-specific requirements regarding property registration, mortgage arrangements, and energy certification while providing comprehensive protection for both parties' interests through clear terms and conditions.

Suggested Sections

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

2. Background: Context of the sale and brief description of the property

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

4. Property Details: Comprehensive description of the property including address, land registry number (matrikelnummer), and registered area

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

6. Condition of Property: Current state of the property, including known defects and seller's declarations

7. Property Inspection: Details of surveys conducted and buyer's inspection rights

8. Energy Performance: Energy rating and certification details as required by Danish law

9. Title and Registration: Confirmation of title, process for registration transfer, and handling of existing mortgages

10. Completion: Completion date, handover procedures, and key transfer arrangements

11. Costs and Taxes: Allocation of transaction costs, property taxes, and utilities

12. Representations and Warranties: Standard warranties from seller regarding property ownership and condition

13. Default and Remedies: Consequences of breach by either party and available remedies

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

15. Signatures: Execution blocks for all parties and witnesses

Optional Sections

1. Tenant Rights: Required if the property is currently leased - details of existing tenancies and their treatment

2. Planning Permissions: Include if there are ongoing or pending planning applications or restrictions

3. Environmental Matters: Required if property has known environmental issues or special protections

4. Fixtures and Fittings: Detailed list of items included/excluded in sale if different from standard inclusions

5. Mortgage Assignment: Required if existing mortgages are being transferred rather than discharged

6. Construction Warranties: Include for newer properties with active construction warranties

7. Property Management: Required for properties in shared buildings or developments with management arrangements

8. Agricultural Rights: Include for rural properties with specific agricultural designations or obligations

Suggested Schedules

1. Property Plan: Official property plans and land registry maps

2. Title Documents: Copy of current title registration and encumbrances

3. Energy Performance Certificate: Current energy performance certificate (energimærke)

4. Property Condition Report: Tilstandsrapport and el-installationsrapport

5. Insurance Documents: Details of existing building insurance and claims history

6. Property Charges: Schedule of current property charges and utilities

7. Inventory List: Detailed inventory of included fixtures, fittings, and furniture if applicable

8. Planning Documents: Relevant planning permissions and certificates

9. Environmental Reports: Any environmental surveys or certifications

10. Building Technical Documentation: Technical drawings and building specifications

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