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Law On The Dissemination Of Real Estate, Etc.

Original Language Title: Lov om formidling af fast ejendom m.v.

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Table of Contents
Chapter 1 The scope of the law and definitions, etc.
Chapter 2 Approval of real-estate agents, etc.
Chapter 3 Lawyers
Chapter 4 Property intermediaries
Chapter 5 Property dissemination
Chapter 6 Other operators
Chapter 7 Disciplinary Board for Real Estate
Chapter 8 Exchange of information
Chapter 9 Digital communications
Chapter 10 Appeal action, etc.
Chapter 11 Penalty provisions
Chapter 12 Entry into force, changes to other legislation, transitional provisions and territorial validity

Promise of the dissemination of immovable property, etc. 1)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

The scope of the law and definitions, etc.

§ 1. The law shall apply by :

1) commercial dissemination of real estate and

2) commercial and premises of real estate.

Paragraph 2. By way of exception of the rules in paragraph 19, paragraph 1. 3, sections 21, 27 and 36, section 37 (3). 1, no. 3 and 4, and paragraph 1. Chapters 4 and 5 of section 39, 40, 41, 42 and 46 shall not apply to activities covered by paragraph 5. 1, no. 2.

Paragraph 3. Section 7 (2). ONE, ONE. PC shall apply regardless of section 2 and regardless of whether the commercial asset is aimed at or is being executed for a consumer.

Paragraph 4. Section 48 and 49 shall apply to any operator providing advice and assistance in connection with the turnover of real estate.

Paragraph 5. § 50 applies to any operator.

Paragraph 6. For special types of immovable property, the Danish Agency may lay down rules which specify or derogate from this law taking into account special circumstances relating to the type of immovable property.

§ 2. The law shall apply to commercial activities aimed at or carried out for a consumer. The operator has the burden of proof that an activity is not covered by the law.

Paragraph 2. The law and rules issued by virtue of this may not be waisted on the basis of an agreement to the detriment of a consumer.

§ 3. The law shall apply regardless of where the immovable property is situated where a substantial part of the trade in the sale of real estate or the sale of real estate or the sale of real property is carried out in Denmark, cf. however, paragraph 1 2.

Paragraph 2. If a real estate is located abroad, the law will find the law no matter where it is. Paragraph 1 shall not apply to the extent that there are particular conditions in the country in question which result in the requirements of the law not being fulfilled. The operator has the burden of proof for this.

Paragraph 3. The Danish Agency for the Management Board may lay down detailed rules on the information to be given in relation to foreign properties.

§ 4. For the purposes of this Act :

1) Property-mediation : A legal entity that deals with the distribution of real estate to or for consumers.

2) ' User ' means a person acting in order to dispose of a real estate when the property has mainly been used in the non-commercial nature of the person or the acquisition of a real estate when the property is primarily intended for use ; non-commercial use to the person concerned.

3) Cash price : the price to which the real estate can be acquired in cash without the takeover of loans.

4) Salesinguvenu : The amount of money that sells will be available at the disposal of the Fixed Real Estate Sales and its enrichment.

Paragraph 2. Real estate is understood in this Act

1) a real estate or part of a real estate,

2) an ideal part of a real estate,

3) a share of a cooperative housing which has been set up or is underled, and

4) a stock or other addeness document with the assigned entitlement to a residence.

Chapter 2

Approval of real-estate agents, etc.

Public register

§ 5. The Danish Agency shall conduct a public register of approved estate agents and so on.

Paragraph 2. The Register shall be recorded

1) persons approved as a real-estate agent, cf. § 6,

2) lawyers who fulfil the conditions laid down in section 14 (1). 2, and

3) persons notified to the Management Board that they are temporarily and occasionally providing real-estate services in this country, cf. Section 13 (1). 2, and § 17.

Paragraph 3. The Danish Agency for the Management Board shall lay down rules on the conduct of the register, including reporting on the basis of the report.

Approval as a realtor

§ 6. The Danish Business Authority shall approve a person as a real estate agent, if that person,

1) is domiciled in this country, in another EU country, in an EEA country or in Switzerland,

2) is of the grace and not under guardianship, cf. the section 5 of the guardianship of the guardianship, or the conclave, cf. guardian of guardianal slots, section 7,

3) is not during reconstruction processing,

4) is not under bankruptcy,

5) meets the requirements for theoretical insight, cf. paragraph 3,

6) meet the requirements for the practical skill, cf. paragraph 3, and

7) shall be adequately covered by the fulfilment of any monetary demand which a consumer may have against them on the occasion of its completion of tasks following that law.

Paragraph 2. Approval may be denied

1) under the circumstances referred to in Article 78 (5) of the penal code. 2, or

2) in the case of the person concerned due to the public at 50,000 crowns. or over there.

Paragraph 3. The Management Board shall lay down detailed rules on the requirements for theoretical insights and the practical skills for the title of ownership in accordance with paragraph 1. 1, no. Five and six.

Paragraph 4. The Danish Business Authority shall lay down rules on the safety of paragraph 1. 1, no. 7, including the extent and the nature of the security and its timeliness.

Paragraph 5. The Management Board shall lay down rules for the examination of applications for authorisation as a realtor, including those who acquired their professional qualifications in another EU country, in an EEA country or in Switzerland.

Use of label

§ 7. The property broker is allowed to be used by a person approved as a realtor. The same applies to designations, composition or abbreviations, which may be confused with the term real estate agent, cf. however, paragraph 1 2, section 2 (2). Paragraph 13, paragraph 13. 4, and section 14 (4). 3.

Paragraph 2. The character in real estate student may be used by people who are in the training of real-estate training and employed in a title-trading company.

Paragraph 3. The state authorizing state-owned estate agent may not be used.

Approval of approval

§ 8. A real-estate agent can deposit his approval in the Corporate Authority.

Paragraph 2. A real-estate broker who deposits his approval will be deleted from the public register of approved real-estate agents.

Paragraph 3. A real-estate agent who has deposited his approval in the Business Authority must not, in a business relationship, use the name in real estate or composition, and so on, cf. Section 7 (2). 1.

Paragraph 4. A person who has deposited his approval may, upon request, be approved again if the conditions set out in Section 6 (2). 1, no. 1-4 and 7 are fulfilled and if they are not due to the public DKK 1 000 DKK or over there.

Abduction of Approval

§ 9. Approval as a real estate agent shall lapses if the conditions of section 6 (4) are to be accepted. 1, no. 1, 2, 4 or 7 is no longer fulfilled.

Paragraph 2. At the request of the Danish Agency for the Administrative Board, a real estate agent shall prove to be adequately covered by section 6 (2). 1, no. 7. The documentation for this must be received in the Management Board, no later than 4 weeks after the request has been announced. If the documentation is not received at the end of the deadline, the approval shall lapses.

Relieving Approval

§ 10. The Danish Business Authority can deduce from a realtor's approval if the real estate agent has paid a debt to the public at 100,000 kroner. or more, cf. however, section 11 (1). Second, a decision after 1. Act. must include information on access to the examination by the right of section 64 and for the time limit for this.

Effects of waste, etc. of approval

§ 11. Is an approval as a realtor's lapse in accordance with section 9, stripped of section 10 or renowned after Section 53 (3). The section 79 of 2 or the penal code section 79 shall be deleted from the public register of authenticated realtors and, as such, shall not be used as a property broker or composite, and so on, cf. Section 7 (2). 1.

Paragraph 2. If the cause of a withdrawal or withdrawal, or expires or repeats, the approval shall be subject to the approval at the request of a request and shall be entered in the public register of approved approval ; Realtors, if the conditions are in section 6 (1). 1, no. 1-4 and 7 are fulfilled, and if they are not due to the public DKK 100,000 DKK or over there.

Persons established in another EU country in an EEA country or in Switzerland

§ 12. section 5-11 shall apply mutatis mutias to persons who have been established at the time of application in a similar occupation as a realtor in another EU country, in an EEA country or in Switzerland, and which wishes to establish itself here in the country as a realtor in compliance with the law of access to the practice of certain professions in Denmark.

Paragraph 2. Section 6 (2). 1, no. 2, 3 and 4 shall apply according to similar rules applicable to the establishment country.

§ 13. Persons established in a similar occupation as a realtor in another EU country, in an EEA country or in Switzerland, may temporarily and occasionally provide real estate benefits in this country, cf. the law of access to the practice of certain professions in Denmark.

Paragraph 2. Persons covered by paragraph 1. 1, notify the Corporate Authority before providing real-estate services in this country. In the public register, cf. Section 5 shall be informed of the person ' s name, address and professional title or professional training, cf. paragraph 4.

Paragraph 3. People who, pursuant to paragraph 1, 1 provides real-estate services in this country to inform the recipients of the benefits of their professional title, cf. paragraph 4, any registration number in a public register in the country of establishment, any VAT registration number in the country of establishment and any insurance cover for professional liability.

Paragraph 4. In the professional title of paragraph 1, 2 and 3 are believed in the person ' s professional title in the country of establishment. If such a title does not exist, provision should be made to provide information on the person ' s professional training and the Member State in which the training has been achieved.

Paragraph 5. The Management Board shall lay down rules concerning the notification and registration and publication of information in accordance with paragraph 1. 2 and rules on the information to be provided in accordance with paragraph 1. 3 and 4.

Chapter 3

Lawyers

§ 14. A lawyer with the right of practice of law firms after the law of the law can carry out tasks under this law on an equal footing with a realtor if the lawyer is listed in the public register, cf. § 5.

Paragraph 2. The Danish Agency shall be able to record a lawyer in the register if the attorney is adequately covered by the fulfils of any claims made by a consumer to the attorney for carrying out tasks following this law.

Paragraph 3. Counselors that are recorded in the register, cf. Section 5 may use the title of the title of the title of the title or the composition of the title.

Paragraph 4. The Danish Business Authority shall lay down rules on the safety of paragraph 1. 2, including the extent and the nature of the security and its timeliness.

§ 15. At the request of the Danish Agency for the Administrative Board, a lawyer shall prove to be adequately covered by section 14 (3). 2. Documentation for this shall be received in the Management Board, within four weeks of the request. If the documentation is not received no later than the end of the deadline, the lawyer of the public register shall be deleted.

§ 16. Section 14, paragraph 14. One-point-three, rules issued in accordance with section 14 (4). 4, section 15 and section 58 shall apply mutatis mutants to persons who have been established at the time of the application in a similar occupation as a lawyer in another EU country, in an EEA country or in Switzerland, and which wishes to establish itself in this country as a proprietary proprietary name ; in accordance with the law of access to the practice of certain professions in Denmark.

§ 17. Section 13 (1). 1-4, rules issued in accordance with section 13 (3). 5, and Section 58 shall apply mutatis muctis to persons established in a similar occupation as a lawyer in another EU country, in an EEA country or in Switzerland, and as a temporary and occasional provision of property-rights benefits in this country, cf. the law of access to the practice of certain professions in Denmark.

§ 18. Section 14, paragraph 14. One-point-three, rules issued in accordance with section 14 (4). 4, and section 15 shall apply mutatis mutations to persons established at the time of application in Denmark in the profession of law in accordance with the law of access to the practice of certain professions in Denmark, the Danish Court of Justice of the Court of Justice of the Court of Justice and 130 and Notice No 2. 1431 of 11. In December 2007, on the establishment of EU lawyers here in the country, etc.

Chapter 4

Property intermediaries

§ 19. A ownership establishment shall provide appropriate security for the fulfilment of any monetary demand which a consumer may have against the company as a part of the undertaking ' s performance of tasks following that law.

Paragraph 2. The Danish Business Authority shall lay down rules on the safety of paragraph 1. 1, including the extent and the nature of the security and its timeliness.

Paragraph 3. In addition, the Danish Agency shall lay down rules on the purchase of a part of the amount of the purchase of the meat and guarantee, including the time of warranty, and the amount and the amount of the deposited of the deposited.

20. If commercial ownership is carried out from a physical place of business, the business location must be independent unless all owners are in real estate or lawyers.

Paragraph 2. The Management Board may lay down detailed rules on independent business location, ownership and information requirements for the business.

§ 21. Receiving a proprietary commission, discount or other fee as a result of the reference or acquisition of insurance, financing, announcement or other benefits related to property-based business, shall be required to : the home page or in writing material from which this payment is derived, cf. however, section 42 (2). 2.

Paragraph 2. If, by the way, a property intermediation operation has committed itself to acting in favour of the marketing of financial or other assets related to property, on its website or in writing. material enlighten on this.

Paragraph 3. In addition, on his website or in writing material, provision shall provide for access to the extent of possible commissions, discounts or other charges, and shall inform you of such commissions.

Paragraph 4. The Management Board may lay down detailed rules for the fulfilment of the obligation to provide information in paragraph 1. 1-3.

§ 22. If a financial institution, a real credit institution or an insurance undertaking which owns, with significant ownership interests in or as the supplier of the name and requirements of a business relationship to one or more proprietary undertakings, shall be the owner of the market, the connection to the financial institution, the real credit institution or the insurance undertaking shall be immediately apparent in the name of the property intermediary, or an addition to this.

Paragraph 2. The character independent may be used only by a proprietary enterprise, which :

1) has not undertaken to act in favour of the marketing of financial or other related services related to the revenues of immovable property,

2) in the provision of services as referred to in paragraph 1, 1, cf. however, section 42 (2). 2, any commission or other profit received from the provider shall carry on to the consumer and,

3) in the whole of the property intermediation business, in such a way that there is no doubt about the company's independence.

-23. If an owner, an employee or a person with a corresponding association with a proprietor of ownership wishes to acquire an estate that the company has to sell, the company must be written in writing

1) terminate the mediation agreement,

2) discharges all remuneration and

3) provide information on the possibility of seeking other assistance.

Paragraph 2. Paragraph 1, no. 1 3, shall apply by analogy if the real estate agent can no longer satisfy the requirements of section 24 (3). Article 26 (2) and section 26 (2). 1, cf. paragraph 2.

Chapter 5

Property dissemination

Good real-estate practice.

§ 24. A realtor must carry out its incarceration and to observe good real-estate practices, including the effect that trade is being traded and that trade is carried out within a period of time, at a price and under way, which is more detailed with the seller.

Paragraph 2. The real estate agent shall advise the seller and take care of the needs and interests of the seller.

§ 25. The realtor must provide both the seller and buy the information that is significant for the trade and its implementation.

SECTION 26. No one must be a representative of both selling and buying in the same trade.

Paragraph 2. Paragraph 1 shall apply to an owner, an employee or a person having a corresponding association with the ownership of the property intermediation.

Paragraph 3. If the Buyer is not assisted by its own counsel, the realtor must inform the buyer of the possibility of seeking assistance.

Valuation

§ 27. For the valuation of a property with a view to sales, the property broker shall indicate which cash price is estimated to be sold to within a given period. The realtor must take account of market conditions, the location and the location of property and the age and state of the buildings.

Paragraph 2. In the case of the valuation, the property broker shall advise the seller on the need and the possibility of a building technical examination of the property.

Realty Real Estate

§ 28. In the case of each intermediate collection, a realtor shall be designated as responsible for the tasks performed during the course of the transfer of the intermediaries.

Paragraph 2. Paragraph 1 shall not preclude the fact that other persons in the ownership establishment may carry out intermediate tasks during the supervision of the responsible estate agent.

The Intermediating Agreement

§ 29. An agreement on an intermediate payments shall be in writing and signed by the parties. The Agreement shall include information on :

1) the responsible real estate agent, cf. § 28, paragraph 1. 1, and

2) the amount or the calculation principles for this purpose.

Paragraph 2. In the case of a result-based payment and payment, payment will be made in accordance with the notice. Section 33 (4). 2, the Agreement shall also include information on the duration of the contract period, cf. § 31.

Paragraph 3. The Intermediating Accord can be terminated without notice.

Paragraph 4. The Danish Board of Directors may lay down detailed rules concerning the content of the dissemination agreement, including information on the property, the real-estate consultancy and the ownership of the property intermediation.

-$30. The provision of property must not be conditional upon the fact that a party takes benefits which are not necessary for the proper execution of the intermediaries of the intermediate provision.

§ 31. If there is a mutually agreed result, payment and payment must be paid for termination, cf. Section 33 (4). 2, the contract period may not exceed six months. The Contract Period may then be extended by up to three months at a time.

Remuneration

§ 32. The realtor has the right to the fee agreed with the seller.

Paragraph 2. If, after the end of the mediation agreement, a purchase agreement shall be concluded on the basis of the real-estate work and without any other realtor's involvement, the property broker shall have the right to remuneration after paragraph 1. 1.

§ 33. In the case of termination of an intermediary agreement, the real-estate agent is entitled to payment only if it has been agreed, cf. however, paragraph 1 2.

Paragraph 2. If a result-based payment is agreed, the realtor is entitled to a reasonable payment if the seller has discharged the agreement.

§ 34. If there is no negligible commitment from the realtor's side, the seller may claim that the remuneration should be reduced or lost.

Economic or personal interest

$35. In the case of the realtor, a major economic or personal interest in whether a trade is concluded, the realtor must inform the seller and buy it to the extent relevant to the party concerned.

Paragraph 2. The real estate agent shall provide the information in paragraph 1. 1 to sell in the distribution agreement and to the purchaser of the sales setup. If the interest is only at a later date, the realtor shall inform the relevant Party in writing immediately after the time of the event.

Paragraph 3. The Management Board may lay down detailed rules for the fulfilment of the obligation to provide information in paragraph 1. One and two.

§ 36. If the property broker has a significant economic or personal interest in the choice of a seller or a buyer's choice of financing, insurance or other benefits related to real estate, the realtor shall inform the party concerned.

Paragraph 2. The realtor shall provide or purchase written information thereto, at the same time as selling or purchaser, the terms or conditions in which the real estate agent has a significant interest.

Paragraph 3. The Management Board may lay down detailed rules for the fulfilment of the obligation to provide information in paragraph 1. One and two.

Compulsory services

§ 37. The realtor must be

1) value the property and contract the cash price of the seller that the property is to be offered for, cf. ~ § 27 and 41,

2) calculate sales language, cf. § 38,

3) prepare a sales setup with the information on the property, which is necessary for a purchase decision, cf. § 39, and

4) prepare draft contract purchase agreement, cf. § 46.

Paragraph 2. The Management Board may lay down detailed rules on the content and execution of the report.

Paragraph 3. The Danish Business Authority may also lay down rules on the application of standard documents, including requirements for the establishment of the standard documents, and that it should be highlighted in the document if any deviations of the standard text or are used are made ; documents other than standard documents.

§ 38. The real estate agent shall, immediately after the conclusion of the mediation agreement, make a separate calculation of the sales language in the form of a sales budget calculated on the basis of the cash price to which the property is offered.

Paragraph 2. If the sale price is changed, the real estate agent will have to draw up a new sales budget.

Paragraph 3. In the case of sales, the sales language calculation shall be calculated on the basis of the terms and conditions of the purchase agreement.

Paragraph 4. The Management Board may lay down detailed rules on the situations in which the real estate developer will calculate the new sales budget and which debt may be omitted from the sales language.

§ 39. The realtor must, immediately after the award of the mediation agreement, establish a specified sales setup, which shall include a detailed description of the property, including information on ownership and information about the responsible estate agent, cf. § 28.

Paragraph 2. The Danish Agency for the Management Board shall lay down detailed rules on the information to be included in the sales record and the cost of the expenditure referred to in paragraph 1. 1, including how the costs are to be calculated and reported.

§ 40. The property must be provided with relevant information on consumption-dependent conditions.

Paragraph 2. The Management Board shall lay down rules on the definition of the conditions laid down in paragraph 1. 1, including how the conditions are to be reported.

§ 41. Property must be offered for a discrenet cash price.

Paragraph 2. In advertisements and other marketing, the estimated cash price of the property must be provided, cf. paragraph 1 and ownership expenses, cf. § 39.

Paragraph 3. The Minister for the Industry and Growth Minister may lay down rules on the sale of real estate by open and closed tenders and other auctioning practices, including the right to information of disclosed tenders, and rules on the prohibition of the sale of immovable property at bidding rounds and other auctional approaches. The Minister may also lay down rules for the registration and access to information from purchasers of interest to the estate at a cost other than the tender deemed to be the award of cash.

Calculation and dissemination of financing

§ 42. The realtor must not devise or draw up financing proposals, cf. however, paragraph 1 3.

Paragraph 2. The real estate agent must not provide funding for the purchase of real estate.

Paragraph 3. However, the real estate agent must calculate the gross and net charge and to inform on this subject on the basis of a standard financing proposal. The Management Board may lay down detailed rules on the standard financing proposal, the calculation of the gross and net charge, and what must be stated in this connection.

State reports and so on

§ 43. The Realtor may not enter into the seller ' s request for a requisition of state report or electrical installation report, cf. the law on the protection of consumer protection by the acquisition of immovable property, etc., or energy labelling, or, by the way, to do so.

Paragraph 2. The ban shall be placed under the prohibition in paragraph One, the realtor does not have a claim for payment.

Paragraph 3. The Management Board may lay down detailed rules on the possibility of the realtor ' s ability to sell assistance to the requisitioning of state report, electrical installation and energy labelling and rules on the presentation of the state of the state in the case of the state of the estate ; The buying-in report for the buyer.

§ 44. The realtor must, in connection with the conclusion of the mediation agreement,

1) adviselor is selling on needs and the possibility of a building technical examination of the property,

2) adviselly sell on needs and opportunity to provide information about owner-shift insurance against hidden defects and deficiencies, cf. sections 2 and 5 of the right of consumer protection by the acquisition of immovable property, etc., and

3) refer to where information on the state report, the electrical installation report and energy labelling, etc., may be found.

§ 45. The realtor must be pre-signed in advance of the purchase agreement ;

1) notify the purchaser of the report from a building technical examination of the property, if such a proposal exists ;

2) inform the purchaser of the possibility of a building technical examination of the property if such a non-existence is not available ;

3) inform purchaser of the possibility of drawing up ownership insurance against hidden defects and deficiencies ; and

4) refer the purchaser to where information on the state report, the electrical installation report and energy labelling, etc., can be found.

Purchase Agreement

§ 46. Where necessary, the realtor must conduct investigations and obtain and verify information with a view to a reassuring regulation of the relationship between the parties, so that the subsequent trade of the trade, correction is of an expeditionary nature.

Paragraph 2. Sales can be conditionally made by buyer's takeover of indebted loans, but not by the agreement on funding, by the way.

Paragraph 3. Although a purchase agreement includes the conditions for the acquisition of deposits or financing, in addition, purchasers and real-estate agents are entitled to finance the purchase in the second way if this can occur without loss or significant inconvenience ; for sale. The provision shall not apply to the conditions covered by paragraph 1. 2.

Paragraph 4. The Management Board may lay down rules on the information to the buying-in agreement, including information on the state, the electrical installation report and the owner-to-shift insurance and the right of withdrawal, in the case of the right of consumer protection, by the acquisition of a fixed basis ; property and the relationship between the transition and the purchasing of the property and the transition of the risk and the enceptions of the law.

Compensatory liability

§ 47. Where there is injury to the consumer, the provenu calculation of provenu is calculated in accordance with the case. § 38, paragraph. 3, and the consumer is in good faith, the consumer has a claim to the difference between the wrong and the correct calculation. Where there is injury to the consumer, the calculation of the owner cost of purchases, cf. § 39, paragraph. 1, and the consumer is in good faith, the consumer is entitled to a fair compensation of the difference between the incorrect and correct calculation. If the consumer has in good faith acted in confidence in the reliability of a valuation, and it differs from a proper value of values, the consumer has a right to a fair amount of compensation for the difference.

Chapter 6

Other operators

Consulting in connection with the turnover of fixed property

§ 48. An operator giving advice in connection with the turnover of real estate shall inform the consumer if the operator has a significant economic or personal interest in the consumer's choice of financing, insurance or other benefits associated with the circulation of real estate.

Paragraph 2. Receiving professional commissions, rebate or other payment due to intermediation, reference or advance payment of financing, insurance, advertising or other benefits relating to the circulation of real estate shall be required, operator shall inform the consumer of the origin of this remuneration. The operator shall also make the consumer aware of the availability of the amount of commissions, discounts or other charges and on request to inform the consumer accordingly. The operator shall provide the information in writing and, at the same time, the consumer shall be presented to the conditions or conditions in which the operator has a significant interest in, cf. paragraph 1.

Paragraph 3. The Danish Agency for the Agency shall lay down rules on the obligation to provide information in paragraph 1. One and two.

§ 49. section 27 shall apply by analoging to an operator giving advice in the context of a fixed property, valuing an estate for the purpose of buying or selling.

Free intermediary options

$50. Agreement on other than the ownership facilitator between a trader and a consumer shall not contain conditions that a title of ownership must be given to a particular property broker, proprietary ownership, or property intermediary chain, cf. however, paragraph 1 If such a term is agreed, the agreement in its entirety is not binding on the consumer, whereas, apart from the arbitrary nature of the term, it is binding on the operator.

Paragraph 2. Paragraph 1 shall not apply to an agreement on a mortgage-proof debt in the property, if :

1) Whereas the debtor has an insignificant reduction in payment terms as part of the debt scheme,

2) It is part of the debt scheme that the property is to be sold, and

3) the creditor has a significant interest in the sales result.

Chapter 7

Disciplinary Board for Real Estate

§ 51. The Disciplinary Board for Real Estate, consists of 1 President, who shall be the national judge and at least 6 other members, two of whom shall be agents of which the consumer must be representatives of consumers and 2 must be persons with special knowledge of Real estate. In the case of enlargement of the Member States, a proportionate number of real estate agents, representatives of consumers and experts shall be appointed. The chairman and the members of the Board shall be appointed by the Danish Agency for the Administrative Board, who may also appoint one or more judges as vice-presidents. The Presidency and the members shall be appointed for a period of four years.

Paragraph 2. In the case of a case, in addition to the Chairman or the Vice-President, there must always be at least 1 real estate agent, 1 representative for the consumer and one expert. Participate in several Members, the number of realtors, the number of representatives of consumers and the number of experts who are qualified to be the same. In cases where the rights waiver may be referred to in accordance with the case, cf. Section 53 (3). However, in addition to the President, there must always be at least 2 real estate agents, at least two representatives of the consumer and at least two expert persons.

Paragraph 3. The Management Board shall provide the secretarial assistance to the disciplinary board and shall lay down rules of procedure for the Board of Procedure.

§ 52. The Disciplinary Board is processing complaints that a real-estate agent approved under Section 6 has overridden the duties of this Act, which alone pertains to the size of a realtor's remuneration, and collegial cases cannot be accepted ; be submitted for avenged. The Disciplinary Board shall examine complaints, without taking into account whether the complainor is a member of an inter-branch organisation.

Paragraph 2. If the company relies on an independent responsibility or co-responsibility for the employed in real estate, the ownership of the property intermediary may be brought to the disciplinary board.

Paragraph 3. The disciplinary board or the chairman may refuse to deal with complaints from persons who have no legal interest in relation to the complaint, and complaints which must be regarded as groundless. If the complaint is made by the Danish Agency, the Treasury, the Public Prosecutor, the Public Prosecutor, the Board of Appeal Board of Title, Danish Real Estate, or Consumer Protection Board, shall examine the complaint.

Paragraph 4. The Management Board may lay down rules that the complainant must pay a fee of the disciplinary board in order to receive a complaint.

§ 53. A realtor who overrides his duties under this law may, by the disciplinary board, be given a warning or a fine of a maximum of 300 000 DKK. The bogeys belong to the treasury.

Paragraph 2. If a Realtor has been guilty of gross or more repeated negligence in the performance of its business as a realtor and the displayed relationship gives cause to assume that the person in question will not pursue the business in the future. The disciplinary board may, in any manner, limit the access to the rights of the ownership or the fracking of the real estate agent in the period of six months to 5 years or so far. The decision shall include information on access to the examination by the right of section 64 and for the time limit for this.

Paragraph 3. The Disciplinary Board may allow parties to be questioned and testify to the exchange of rights in the place where the party or the witness is resident.

Paragraph 4. If the ownership of the property intermediary is the holder of, or employed, the proprietor of the property owner, cf. § 52, paragraph. 2, or a co-responsibility for the overriding of the realtor ' s obligations, cf. paragraph 1, the proprietor of ownership may be awarded a warning or a fine of a maximum of 750 000 DKK. The bogeys belong to the treasury. In the case of the ownership of the ownership of the ownership, the company may be subject to the penalties referred to in 1. pkton, if the company is involved as a party to a disciplinary board.

Paragraph 5. The chairman of the disciplinary board may, in larger and more complicated cases, appoint a experts to submit the case and to conduct interviews for the Board of Avenged. The cost of the expert shall be borne by the Board. Where a matter has been submitted by a public authority, the expenditure shall be borne by the competent authority.

Paragraph 6. The Disciplinary Board shall publish its decisions.

§ 54. The Disciplinary Board may, at any time, waiving a waiver under Article 53 (3). 2. the waiver has so far and refused the application for waiver of the waiver, the person concerned may require the decision to be tried by the courts if it has elapsed five years after the waiver and at least two years after the acquisition of : the last authorization shall be refused. Section 53 (3). TWO, TWO. pkt., and section 64 (4). ONE, TWO. and 3. and shall apply mutatis mutias to the decision of the jury on the lifting of a waiver.

§ 55. The limitation period for the submission of a disciplinary board shall be five years from the date on which the dutiful act or omission has been discharged.

Paragraph 2. The limitation period shall be disconnected by the submission of a complaint to the disciplinary board.

§ 56. The Danish Board of Directors may provide that the financing of the disciplinary board shall be subject to the collection of a fee from all approved real-estate agents, cf. § 6. The Danish Board of Direction may lay down detailed rules on the amount of the fee.

§ 57. The Disciplinary Board for Real Estate Handler is processing complaints against persons established in a similar occupation as the realtor in another EU country, in an EEA country or in Switzerland, and as a temporary and occasional delivery person ; real-estate services in this country, cf. Section 13 (1). 1.

Paragraph 2. Except for section 53, paragraph. Paragraph 51 to 55 and 64 shall apply mutatis muth to the persons referred to in paragraph 1. 1.

Paragraph 3. The Danish Board of Directors may lay down rules that persons who have notified the management that they are temporarily and occasionally providing real estate services here in the country, cf. Section 13 (1). 1, shall pay a fee that contributes to the financing of the disciplinary board.

Chapter 8

Exchange of information

§ 58. The Danish Business Authority may exchange relevant information with other competent authorities in another EU country, in an EEA country or in Switzerland,

1) persons established and approved as a real-estate agent in this country, cf. Section 6 (2). 1 and applying for the right to establish themselves as a realtor in another EU country, in an EEA country or in Switzerland,

2) persons established and approved as a real-estate agent in this country, cf. Section 6 (2). 1 and as notifier that they will temporarily and occasionally provide real-estate services in another EU country, in an EEA country or in Switzerland,

3) persons established in a similar occupation as a realtor in another EU country, in an EEA country or in Switzerland, and which is applying for the right to establish themselves as a realtor in this country, cf. § 12, and

4) persons established in a similar occupation as a realtor in another EU country, in an EEA country or in Switzerland, and which notifies that they are temporarily and occasionally providing real estate services here in the country, cf. Section 13 (1). One and two.

Paragraph 2. The information which may be exchanged shall be necessary to enable the Danish Business Authority and the other competent authorities in the countries concerned to carry out their duties in accordance with paragraph 1. 1.

Paragraph 3. The exchange of information referred to in paragraph 1 by the Business Management Board. 1 shall be subject to compliance with the law on processing of personal data. Information must be kept confidential.

Paragraph 4. The Management Board shall lay down rules on the exchange of information with other competent authorities in accordance with paragraph 1. 1.

Chapter 9

Digital communications

$59. The Danish Agency may lay down rules on written communications to and from the Management Board on matters covered by this law or by rules issued under this law must take place digitally.

Paragraph 2. The Management Board may lay down detailed rules on digital communications, including the use of specific IT systems, special digital formats and digital signature el.lign.

Paragraph 3. A digital message is considered to have arrived when it is available for the message address.

§ 60. The Management Board may lay down rules that the Management Board may issue decisions and other documents pursuant to this law or in accordance with the rules granted under this law without a signature, with a mechanical or equivalent manner, or in a manner which may be subject to the signature of the Administrative Board, or the application of a technique that ensures uniquely identification of the person who issued the decision or document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

Paragraph 2. The Management Board may lay down rules that decisions and other documents which have been made exclusively or issued on the basis of electronic data processing may be issued only with the issuer of the Danish Agency for the Agency.

§ 61. The Management Board may lay down rules on written communication to and from the Disciplinary Board for Real Estate, which is covered by this law or by rules issued under this law, must be digitally. § 59, paragraph. 2 and 3, and section 60 shall apply mutatis mutias.

§ 62. Where, pursuant to this law or rules issued under this law, a document issued by others other than the Danish Realtor or the Disciplinary Board for Real Estate must be signed, this requirement may be complied with by means of a single person ; techniques that ensure uniquely identification of the person who issued the document, cf. however, paragraph 1 2. Such documents are treated as a person with a personal signature document.

Paragraph 2. The Management Board may lay down detailed rules on the deviation of regulatory requirements, including that the requirement for personal signatures may not be permitted to be deviated from certain types of documents.

Chapter 10

Appeal action, etc.

§ 63. Decisions taken by the Danish Agency for the Administrative Board pursuant to this Act or the rules adopted pursuant thereto may be brought to the Agency for the Commercial Board, within four weeks of the date of the decision to be notified to the person concerned. The decisions may not be brought to the second administrative authority. The decisions may not be brought before the court before the final administrative decision is available.

Paragraph 2. Decisions taken by the Disciplinary Board for Real Estate agents may not be brought to the second administrative authority.

§ 64. A decision after section 10 and section 53 (3). In the case of the decision, the decision shall be submitted to the court. Applications for this shall be received in the Danish Agency for the Administrative Board, within four weeks of the date of the decision to be notified to the person concerned. The Danish Agency for the Management Board shall file a case against the person concerned in the forms of the civil ilanthrope.

Paragraph 2. The request for a decision on a decision after Article 10 does not have any effect, but the court may decide by ruling that the person concerned shall have access to perform tasks as a real estate agent. Anke a judgment on a decision after paragraph 10, whereby a waiver of the approval of a realtor is not legal, the court which has ruled the judgment or the right to which the case has been submitted shall determine that a real-estate agent may not carry out ; tasks as a realtor during the processing of the appeal.

Paragraph 3. Request for a decision on a decision after paragraph 53 (3). The effect may be that the court may decide by ruling that the person concerned must not carry out tasks as a realtor. If the verdict of the jury is legal, the judgment may in the judgment be determined that there is no such effect as to appeal.

Chapter 11

Penalty provisions

§ 65. Inherit of section 7, section 8, paragraph 8. 3, section 11, paragraph 1. Paragraph 13, paragraph 13. TWO, ONE. pktor, or paragraph, 3, section 14 (4). Paragraph 1, section 19, paragraph 1. Paragraph 20, paragraph 20. Paragraph 1, section 21 (1). 1-3, section 22, section 23, section 26, section 28, paragraph 28. Paragraph 1, section 30, section 31, section 35 (4). Paragraph 1 or 2, section 36 (3). 1 or 2, section 38 (3). 1-3, section 39, paragraph. Paragraph 40, paragraph 40. Paragraph 1, section 41, paragraph 1. One or two, section 42, section 43, paragraph. 1, section 44, section 45, section 48, section. 1 or 2, or 50 (50). Paragraph 1 shall be punished by fine, unless more stringent penalties are imposed on other legislation.

Paragraph 2. In rules laid down in Article 1 (1), 6, section 3, section. 3, section 13 (3). 5, section 14 (4). 4, section 19 (4). Three, section 20, paragraph 20. 2, section 21, paragraph. 4, section 29, paragraph. 4, section 35, paragraph. 3, section 36, paragraph. 3, section 37, paragraph. 2 and 3, section 38 (3). 4, section 39, paragraph. 2, section 40, paragraph. 2, section 41, paragraph. 3, section 43, paragraph. 3, section 46, paragraph. 4, and section 48 (4). There are three possible penalties for the violation of the rules.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 12

Entry into force, changes to other legislation, transitional provisions and territorial validity

§ 66. The law shall enter into force on 1. January 2015.

Paragraph 2. The law on immovable property, cf. Law Order no. 1717 of 16. December 2010, revoked.

Paragraph 3. Cases prior to the entry into force of the law are brought to justice, the Disciplinary Board of Real Estate, or the Board of Appeal Board, shall be determined in accordance with the rules in force.

§ 67. Administrative requirements laid down pursuant to so applicable law shall remain in force until they are repealed.

§ 68. In the law on the promotion of energy savings in buildings, cf. Law Order no. 636 of 19. June 2012, as last amended by Section 44 of Law No 401 of 28. April 2014, the following changes are made :

1. I 8 (b) (b) 2, in the case of commercial intermediaries, the commercial distribution of the sale of real estate shall be replaced by ' commercial intermediaries '.

2. I 8 (b) (b) 2 and 3, the ' Act on the Sales of Real Estate ' shall be replaced by ' the distribution of real estate `.

§ 69. In the Law on Housing Housing and Other Housing Communities, cf. Law Order no. 1716 of 16. In December 2010, as amended by law no. 610 of 12. June 2013, the following change is made :

1. I Section 5 (5). 2 (b), 2. pkt., shall be deleted ;

§ 70. In the law of the matter, cf. Law Order no. 158 of 9. In March 2006, as amended, inter alia, section 2 of Act 2. 539 of 8. June 2006 and no later than Section 4 of Law No 1613 of 26. December 2013, the following change is made :

1. § 49 d, paragraph 1 2, no. 3, ITREAS :

" 3) persons who, pursuant to section 6, in the enlisting of the immovable property are approved as a real-estate agent, ` ;

§ 71. The law does not apply to the Faroe Islands and Greenland.

Givet on Amalienborg, the 28th. May 2014

Under Our Royal Hand and Segl

MARGRETHE R.

/ Henrik Sass Larsen

Official notes

1) The law provides for the implementation of parts of Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications, EU Official Journal 2005, nr. L 255, page 22, and parts of Directive 2006 /123/EC of the European Parliament and of the Council of 12. In December 2006 on services in the internal market, EU Official Journal no. L-376, page 36.