Property Transfer Agreement

Property Transfer Agreement Template for Denmark

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Document background

The Property Transfer Agreement is a crucial legal document used in Danish real estate transactions to formalize and execute the transfer of property ownership. It is essential for both residential and commercial property transfers in Denmark, requiring compliance with specific Danish legal requirements, including the Danish Registration of Property Act and related legislation. This document is used when there is a need to transfer real property ownership between parties, whether they are individuals, companies, or other legal entities. The agreement covers all crucial aspects of the transfer, including property details, purchase price, payment terms, warranties, and closing requirements. It also addresses specific Danish requirements such as registration with the Land Registry, stamp duty payments, and necessary declarations. The document must comply with Danish property law and relevant EU regulations, particularly regarding anti-money laundering requirements.

Suggested Sections

1. Parties: Identification and details of the transferor and transferee, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the transfer and brief description of the property and purpose of the agreement

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

4. Property Description: Detailed description of the property including address, land registry details, cadastral number, and size

5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule

6. Transfer of Title: Terms and conditions for the transfer of title, including timing and registration requirements

7. Seller's Warranties: Warranties regarding property ownership, condition, encumbrances, and compliance with laws

8. Property Condition: Description of the property's condition and any known defects or issues

9. Due Diligence: Buyer's right to conduct investigations and consequences of findings

10. Closing Requirements: Conditions precedent and requirements for completing the transfer

11. Registration and Documentation: Requirements for registration in the Land Registry and necessary documentation

12. Taxes and Costs: Allocation of transfer taxes, registration fees, and other transaction costs

13. Risk and Insurance: Transfer of risk and insurance requirements

14. Notices: Process for giving notices under the agreement

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

Optional Sections

1. Tenant Rights: Required when the property is subject to existing tenancies, describing tenant rights and obligations

2. Mortgage Arrangements: Included when there are existing mortgages to be discharged or new mortgages to be registered

3. Environmental Matters: Required for properties with potential environmental issues or contamination

4. Planning and Development: Included when there are relevant planning permissions or development potential

5. Service Contracts: Required when there are ongoing service contracts that need to be transferred

6. Fixtures and Fittings: Detailed list of items included/excluded in the sale when relevant

7. Agricultural Provisions: Required for agricultural properties subject to special regulations

8. Energy Performance: Required for buildings subject to energy performance certification requirements

Suggested Schedules

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

2. Title Documents: Copies of relevant title documents and Land Registry extracts

3. Property Condition Report: Technical survey or condition report if available

4. Existing Tenancies: Details of any existing lease agreements and tenant information

5. Property Charges: List of property charges, taxes, and utilities

6. Environmental Reports: Any environmental surveys or reports

7. Planning Documents: Relevant planning permissions and restrictions

8. Energy Performance Certificate: Mandatory energy performance documentation

9. Building Technical Documentation: Building permits, approvals, and technical documentation

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