The rights holder registers electronically at www.tinglysning.dk, where he or she files an application for a title deed. The applicant must have a NemID (a Danish key-card for electronic signatures) or have given their lawyer a power of attorney. A power of attorney must be issued by someone who does not have a Danish social security number or a company that is not listed in the central business registry. apartment for sale in qatar
What information is recorded in the national real estate register(s) and how accessible is it to the general public?
The Danish land register contains information about the property, such as the size of the area, ownership information, mortgage information, and easements. The land registration can be found at www.tinglysning.dk, which is open to the public.
Is there a guarantee of title from the government?
Registration in the land registry is a perfecting act through which the holder of the right secures their claim to the property against competing claims.
A person who tentatively acquires a right in good faith and in reliance on the land register and then loses it due to extreme circumstances (e.g., submission of forged documents or documents signed under the threat of violence or by persons without legal capacity) is entitled to compensation from the state for not acquiring it in good faith and in reliance on the land register (see Section 31 of the Land Registration Act).
Purchase and sale
Brokerage
In your jurisdiction, how are real estate brokers regulated (for example, by commission caps or disclosure requirements)?
Real estate brokers in Denmark are managed by the Act on Real Estate Procurement, which contains extensive rules and standards, as well as necessary safeguards protecting customers from real estate brokers.
Because the real estate broker is usually the seller's representative, he or she acts only in the seller's best interests. In most cases, it is advised that the buyer seek legal advice regarding the purchase agreement.
There are no legislative restrictions on real estate brokers' commissions.
Due diligence is required.
What kind of due diligence should be done before a real estate transaction deal is signed?
Legal due diligence is usually included in real estate due diligence, but depending on the type of property, commercial, financial, and technological due diligence may also be included.
Typical legal due diligence comprises the following:
title confirmation;
evaluation of registered easements and encumbrances on the land;
zoning concerns are being examined;
Environmental issues are examined (typically in collaboration with a firm that performs technical environmental due diligence);
examination of lease agreements and other rights of other parties;
a review of any pending disagreements; and
Issues relating to real estate tax are examined.
Agreements in principle
Are there any preliminary agreements that are usually made before a sale contract is signed?
Parties to a real estate deal may agree to a letter of intent or exclusivity, giving the buyer the exclusive right to do due diligence.
However, it is more common for both parties to promptly enter into and execute a sales contract. Such a sales contract may often include requirements that must be met within a certain deadline (for example, completing adequate legal and technical due diligence and/or obtaining finance).