Buying your dream home or apartment is a big decision. In most cases, the purchase of real estate requires taking a bank loan. Once you have chosen the property, you will face a number of formalities and most probably, you will ask yourself a question of “what am I supposed to do” or “where to start”.
To make the process easier and to avoid unpleasant surprises, why not considering a consultation with a professional before signing the contract?
Regardless of where your dream home is, we can handle the transaction, because everything is done online. With us, you will learn about the most important stages of the purchase and what things you should pay special attention to.
If you want to use our agency, simply contact us and pass on our contact details to the real estate agent or the seller. After paying the fee, we will guide you through this rather complicated but specific process.
Clause advokatforbehold
If you have already found your dream home or apartment and you want it quickly to become yours, you can sign a contract with the seller, provided that you enter a special clause in it saying that the agreement will be valid, subject to acceptance of the lawyer.
This clause should read as follows: “Købers underskrift er på denne købsaftale betinget af, at købers advokat godkende købsaftalen i sin helhed“.
If the bank is also involved in the transaction of the purchase, which is often the case, you have to include it in the clause too. Then it will sound similarly: “Købers underskrift på denne købsaftale er betinget af, at købers advokat og bank kan godkende købsaftalen i sin helhed“.
Of course, if you are not ready to sign the contract, you do not have to do that.
However, if the contract was signed without the clause and you want to opt out of the transaction you can do so within 6 working days, subject to the payment of 1% of the contracted value of the property during the same period.
Insurance
There are two types of property insurance: insurance against random events – ejendomsforsikring and security defects in real estate – ejerskifteforsikring.
Insurance against random events is required especially for real estate lending.
It usually offers a standard protection in case of mishap, for example, fire, flooding homes, damage caused by the forces of nature.
Ejerskifteforsikring is the insurance against the defects in the property, covered in half by the seller and the buyer.
The seller presents several options of insurance to the buyer against hidden defects that can occur within a maximum of 10 years from foreclosed properties, which were not disclosed in tilstandsrapport.
The buyers may or may not use the offer of this insurance. If the buyer is not interested in it, they are not entitled to any protection in the case of defects that may later come to light.
Additional documents
The statement to be filed during the procedure of purchasing is a statement that the buyer has the nationality of a Member State of the European Union, has a residence registration in Statsforvaltningen, is employed in Denmark and buys the property with the intention of permanent residence.
In the case of holiday home purchase, a permit is required from the Minister of Justice and a stay in Denmark of a minimum of 5 years.
Administrative charges
The fee for a notarial deed – 0,6% of property value in agreement + 1.850 DKK.
The fee for the registration of mortgages – 1,45% of the loan value + 1.825 DKK.
Why it is good to hire a lawyer?
In the process of buying and selling real estate, the party on the side of the seller is a real estate agent who takes care of his or her interests, so you should have on your side someone trusted who will take care of your case.
The lawyer’s task in the purchase of real estate is to check the contract, its vague and imprecise records, checking the correctness of the registration of a notarial deed, check the legal situation, burdens on the property, including these that may occur in the future as well as these that should be deleted, possible outstanding fees and taxes that weigh on the property, easements, rights and obligations in the case of cooperatives.
Checking the technical condition of the property, is not lawyer’s task because the lawyer, to put it colloquially, is not a construction engineer. Technical specifications are included in two important documents: tilstandsrapport and elinstallationsrapport from which we derive the knowledge of the technical condition of the building. Our task is to identify the provisions the buyer should pay special attention to before deciding to purchase the property.
Any defects of the building, if they appear in the reports, cannot be claimed, as they are disclosed at the time of purchase. They may, however, be the basis for price negotiations in the buying process.
Final comments and concluding remarks
Once we have checked and accepted the documents, the real estate agent shall prepare the registration of the new owners and mortgages.
The bank transfers the deposit into a closed bank account of the seller. This is followed by the official transfer of real estate, the final registration of the new and the deletion of the previous owner and the finalization of monetary transaction.
The case presented above, is the simplest, standard situation of the purchase of an apartment or a house, usually involving a real estate agent. The costs and requirements may vary depending on the type of a property, its legal status, and many other factors.
Estimation of our service is provided individually for each case following the documentation analysis and the real estate sale and purchase agreement, sent by the real estate agent or the vendor.
WHAT DO WE DO AND WHAT DOES IT COST?
We advise only in your interest. Always.
It’s important for us to know your personal situation so we can find the best solutions for you. When you buy real estate, there are many documents, terms, and concepts that can overwhelm you. We go through the entire process and check all documents related to your property purchase.
You can rely on the real estate agent’s professionalism, but the real estate agent acts solely in the seller’s interest, not yours. That’s why it’s worth having your advisor on your side.
You can find our current prices here.
We look forward to working with you.
Advokat Thomas Refning Poulsen
lawyer in Herning
Tel. 97 12 20 10
e-mail: info@refning.dk