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Real Estate Purchase Agreement Template for Denmark

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Real Estate Purchase Agreement

I need a Real Estate Purchase Agreement under Danish law for acquiring a commercial warehouse property in Copenhagen, with specific provisions for environmental compliance and existing tenant rights to be transferred to the new owner.

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What is a Real Estate Purchase Agreement?

The Real Estate Purchase Agreement is a fundamental legal document used in Danish property transactions to formalize the sale and purchase of real estate. It is essential for any property transfer in Denmark, whether residential, commercial, or agricultural. The document must comply with Danish legal requirements, including the Sale of Real Property Act (Lov om oms脙茠脗娄tning af fast ejendom), Formation of Contracts Act, and various property-related regulations. It contains mandatory elements such as energy certificates, property condition reports, and specific disclosures required under Danish law. This agreement is typically prepared after initial negotiations and due diligence, serving as the definitive contract that governs the entire transaction from signing through to completion of the property transfer.

What sections should be included in a Real Estate Purchase Agreement?

1. Parties: Identification of buyer and seller with full legal names, addresses, and registration numbers if applicable

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, land registry details, size, and included fixtures/fittings

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

6. Closing Date and Transfer of Ownership: Specified date for completion of the transaction and transfer of title

7. Condition of Property: Current state of the property, known defects, and any warranties or disclaimers

8. Due Diligence: Buyer's investigation rights and seller's disclosure obligations

9. Title and Registration: Provisions regarding clear title transfer and registration process

10. Representations and Warranties: Standard declarations by both parties regarding authority, ownership, and property condition

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

12. Default and Remedies: Consequences of breach and available remedies

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

14. Signatures: Execution blocks for all parties

What sections are optional to include in a Real Estate Purchase Agreement?

1. Mortgage Contingency: Include when purchase is contingent on buyer obtaining financing

2. Tenant Rights: Required if property is currently leased to tenants

3. Environmental Provisions: Include for properties with known environmental issues or industrial use history

4. Construction/Renovation Requirements: Include when property requires specific works before or after purchase

5. Property Management: Include for properties within housing associations or with shared facilities

6. Real Estate Agent Provisions: Include when transaction involves real estate agents

7. Language Provisions: Include when agreement is bilingual or involves non-Danish parties

What schedules should be included in a Real Estate Purchase Agreement?

1. Property Plan: Cadastral map and property boundaries

2. Title Documents: Copy of current title deed and registration details

3. Property Condition Report: Technical assessment of property condition (Tilstandsrapport)

4. Energy Performance Certificate: Mandatory energy rating certificate (Energim脙茠脗娄rkning)

5. Property Insurance Information: Details of existing insurance and claims history

6. Property Charges Statement: Overview of property taxes and utility charges

7. Inventory List: List of included/excluded fixtures, fittings, and furniture

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

9. Environmental Reports: Any environmental surveys or assessments

10. Local Plan Information: Relevant zoning and planning regulations affecting the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

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Real Estate Lawyer

Property Manager

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