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Ordinance To The Law On Consumer Protection In The Acquisition Of Real Estate, Etc.

Original Language Title: Bekendtgørelse af lov om forbrugerbeskyttelse ved erhvervelse af fast ejendom m.v.

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Table of Contents
Chapter 1 State reports, moiding reports, and owner-change information
Chapter 2 The right of entitlement to purchase of immovable property, etc.
Chapter 3 The right of the security of contracts for the purchase or construction of whole buildings
Chapter 4 Information on the right of withdrawal
Chapter 5 Other provisions
Chapter 6 Promotions of the law, etc.
Chapter 7 Punishment
Chapter 8 The entry into force, etc.

Publication of the right of consumer protection by the acquisition of immovable property, etc.

In this way, the law on consumer protection is announced by the acquisition of immovable property, etc., cf. Law Order no. 148 by 15. February 2013, with the changes resulting from paragraph 45 of Law No 401 of 28. April 2014 and section 2 of the Act of Law No 740 of 1. June 2015.

The announced legal text concerning section 4 (4). 2, and section 4 (a) (a), 2, enter into force on 1. January 2016, cf. Section 9 (1). Three, in the law. 740 of 1. June 2015 on the amendment of the law on retail sales, etc., the right of consumer protection by the acquisition of immovable property and so on, the law on seafarers 'employment relations, etc., the law of the local authorities' and regions to carry out tasks for other public authorities. the participation of companies and communities in companies and different laws and repealing the law of translators and interpreters and repealing the law of dispacking (Lemption of derogation access for retail sale on public holidays), the abolition of MRLs in the the cashiers ' inspection system, the minimum protection of certain categories of persons on board ships ; the removal of the reporting obligation on behalf of the municipalities and regions in companies and the elimination of the board of translators for translators and interpreters, as well as for dispacetates etc.).

Chapter 1

State reports, moiding reports, and owner-change information

§ 1. The rules laid down in this Chapter shall apply to contracts for the purchase of property where the property is mainly used for the inhabitation of the seller or is intended mainly for the inhabitation of the buyer, cf. however, paragraph 1 2.

Paragraph 2. The rules shall not apply to contracts for the purchase of unfounded reasons or premises under construction or for the purchase of agricultural navigation, unless the purchase agreement is subject to the suspension of the contract of the sale of the general obligation to the general public.

§ 2. The buyer from the seller has received a state report and an electrical installation report, cf. § 2 a, as well as entry for ownership insurance, cf. Section 5, may not the buyer not invoke the claim that a building ' s physical condition is defective or that a building ' s electricity, heat, ventilation or sanitation installations are not functioning or are illegal under public law ; requirements, cf. however, paragraph 1 2-7. The buyer may not, in addition to the seller, invoke the fact that an error should have been mentioned in the state of the state or the electrical installation report.

Paragraph 2. Paragraph 1 shall apply only if the buyer has received the means referred to in paragraph 1. 1 the reports and information on ownership insurance before the conclusion of the contract, by the latest before the purchaser of the buying-in, which is accepted by the seller.

Paragraph 3. Promote the seller to an owner-shift insurance, cf. Paragraph 5 shall apply to paragraph 5. 1 only if the seller before it is referred to in paragraph 1. at a time when a written and binding undertaking is required to submit an amount to the purchaser corresponding to at least half of the total premium for that insurance, if the buyer draws this or another ; of insurance which meets the conditions laid down in section 5.

Paragraph 4. The seller shall before the first subparagraph of paragraph 1. The buyer shall have ensured that the buyer is aware of the purchaser in paragraph 1. 1 said effects. Otherwise, paragraph shall apply. 1 not unless there is particular reason to assume that the purchaser was otherwise known to the buyer.

Paragraph 5. Notwithstanding paragraph 1 1, the buyer may invoke that a relationship contravenes a service or public law, unless it is a question of whether an electric, heating, ventilation or sanitation installation is illegal in accordance with public law. If the buyer does not draw ownership insurance, this derogation may be subject to paragraph 1. 1 further invoking conditions which have occurred following the preparation or renewal of the state of the preparation and reference of the installation report. The buyer may also invoke a shortcoming if the seller has provided a guarantee with regard to that relationship or has acted deceitful or gross negligent. The buyer may, by the way, apply the replacement requirements according to normal rules, if the seller has entered the building with the sale of an eye.

Paragraph 6. Notwithstanding paragraph 1 1, the buyer may invoke conditions relating to the building ' s electrical cords, including sewers, unless the state of the condition of the condition of the state report had manifested itself in such defects in the building that the construction expert should have ; referred to in the State report.

Paragraph 7. If the physical condition of a building is deficient, the provision shall be prevented in paragraph 1. 1 not that the buyer may enter into claims by the seller at the same time as the conditions of the building would have had against previous sellers and against the person involved in the construction of the building.

§ 2 a. In the case of a condition report referred to in section 2 (2), 1 means a report containing the result of the structure of the building expert in the structure of the building. The purpose of the building review is to clarify the extent to which the physical state of the soaked land is less than the condition of similar intact buildings of the same age.

Paragraph 2. The Minister for the Industry and Growth Pact may provide for the inclusion of further information, including information on the residual life span of the roof of the building, in particular the rules and growth rates. The Minister for the Industry and Growth Minister may also lay down rules that the state of the condition must be provided with a general type-description relevant to the structure of the state report.

Paragraph 3. An electrical installation report, as mentioned in section 2 (2), 1 means a report containing the result of the review of the building's electrical installations. The purpose of the review is to clarify the extent to which the building's electricity installations are functional and legal in accordance with public law regulations.

§ 3. The purchaser may, in the case of the person who has prepared the State Report or the authorised power installer who has produced the electrical installation report, may claim compensation for errors which should have been referred to in the report. If the seller has had to pay an amount for the buyer due to errors that should have been referred to in the state or el installation report, the seller shall be charged with a reasonable allowance.

Paragraph 2. If the person who wishes to invoke that an error should have been referred to in a case or an electrical installation report, does not give the expert or authorized elder-installation company that has produced the report, which is the subject of notification, within five years from the date of take-over which has been agreed between the buyer and the seller, but no later than six years from the date of the report, the person concerned shall lose the right to invoke that the error should have been mentioned in the report. However, this does not apply if the person or undertaking which has produced the report has provided a guarantee for a longer period of time or has acted deceitful or gross negligent.

§ 4. A condition report shall be drawn up by a structural expert, drawn up by a structural expert, in accordance with the law on the shipbuilding expert and so on and must be drawn up in a form approved by the profession and the Minister for Growth The State report shall also be prepared or renewed by the construction expert less than six months before the day of the day when the buyer receives the report.

Paragraph 2. The Minister for the Industry and Growth Pact lays down rules on the establishment as a building expert, including the investigation into the investigation into the preparation of a state report.

§ 4 a. An electrical installation report shall be drawn up by an approved elder establishment in section 2, and the report must be drawn up on a form approved by the professional and growth minister. The Elinstallation report shall be prepared or renewed less than 1 year before the day when the buyer receives the report.

Paragraph 2. The Minister for the Employment and Growth Pact lays down rules for the preparation of the electrical installation report, including the studies to be carried out in order to draw up this report, as well as rules on the supervision and fee.

Paragraph 3. The Minister for the Industry and Growth Pact lays down rules on the notification, liability insurance and requirements for unwillingness for authorised power-installation companies that prepare the electrical installation reports.

Paragraph 4. (Aphat)

§ 4 b. The Minister for the European Union, and the Minister for Growth, will be able to draw up its powers under this law to a steering and for the Minister for Growth.

Paragraph 2. In accordance with this law, the Minister for the Acting and Growth Minister shall, in accordance with this law, be granted the authority of the business and growth Minister, cf. paragraph 1, the Minister may lay down rules concerning redress, including that complaints cannot be brought to the second administrative authority.

§ 5. Information on ownership insurance shall be in writing and shall include a notice from an insurance undertaking in section 2,

1) the terms of the purchaser may draw up insurance for the property, which for at least five years after the takeover date and with the possibility of an extension for at least 10 years,

a) defects in the physical condition of the buildings, which were present at the buyer ' s takeover of the property and which are not clearly specified in the state report or have occurred after the preparation of the state report,

b) the absence or reduction of the operation of and unlawful conditions of the building installations of the buildings, which were present at the purchase of the buyer, and which has not been specified or is clearly incorrectly described in the electrical installation report or after which occurred after : the preparation of the electricity installation report ; and

c) other matters covered by the coverage of the insurance, according to the rules laid down in accordance with paragraph 1. 3, or

2) the specific nature of the physical condition of the property in question, which means that no insurance may be drawn up as referred to in point (2). 1.

Paragraph 2. The one in paragraph 1. 1, no. The notification referred to in paragraph 1 shall be made as a binding tender for the buyer and provide a reasonable time limit for the acceptance of the offer.

Paragraph 3. The Minister of Justice may lay down rules on the scope of the scope of the measures referred to in paragraph 1. Paragraph 1 and the content of the assurances referred to in paragraph 1. 1 mentioned communications from insurance undertakings.

Chapter 2

The right of entitlement to purchase of immovable property, etc.

§ 6. The rules laid down in this Chapter shall apply to the provisions of paragraph 1 2 mentioned exemptions for contracts of land purchase when the property is mainly intended for inhabitation for the buyer, as well as under the same condition for contracts for the purchase of shares in a trade union and purchase of stock or other addenomas of the sale of shares ; Assigned to a residence.

Paragraph 2. The rules shall not apply to contracts for the purchase of immovable property, etc. at auction, or when the conclusion of the agreement has been submitted for the sale of forced auction and the buyer, or should know this. Furthermore, the rules shall not apply to the purchase of agricultural navigation, which is subject to agricultural duty, or for purchases covered by the law on consumer contracts for the lodging of a timeshare, long-term holiday products and so on.

Paragraph 3. If the seller has acted as part of his profession, or has been concluded or communicated to the seller of an operator in the course of his business, the seller shall bear the burden of proof that the Agreement is not covered by the rules laid down in this chapter.

§ 7. Where a purchase has been concluded, the purchaser may resign from the agreement to the conditions referred to in section 8-11 (withdrawal rights).

Paragraph 2. As long as an offer of purchase has not been accepted by the seller, the buyer may withdraw his offer by providing information to the seller.

§ 8. The right to the certificate shall be conditional on the purchaser within 6 working days of the signing of the contract, providing written notification to the seller that the purchaser will resign from the agreement, cf. however, paragraph 1 2. The notification must have arrived before the expiry of the deadline.

Paragraph 2. Where the agreement is concluded by the buyer ' s acceptance of the seller ' s sale, it shall be required to do so in paragraph 1. The information referred to in paragraph 1 shall be no later than 6 working days after the notification has come to the purchase of the buyer.

§ 9. If a purchase has been made available, the right of withdrawal shall be conditional upon the purchaser prior to the expiry of the period referred to in § 8, the time required for cancellation of the Agreement.

§ 10. If the buyer has taken the property in use, the right of withdrawal shall be conditional on the property before the end of the period referred to in § 8 shall be made available to the seller's disposal.

Paragraph 2. Where the buyer after the conclusion of the agreement has been entered into or altering the property, the right of withdrawal shall be subject to the purchaser prior to the expiry of the time limit referred to in § 8, the property shall be returned to the material in the same condition as before ; the procedure or the change.

Paragraph 3. Where the property has been damaged or deteriorate in the other way as a result of the purchaser or anyone who has had access to the property in the interest of the buyer, the coolant has suspended the right of withdrawal, subject to the condition that the buyer has been suspended ; before the end of the period referred to in section 8, the ratio shall be disclosing. The buyer has the burden of proof that there has been no negligence.

§ 11. The right of protection is conditional on the purchaser before the expiry of the period referred to in § 8 a payment of 1%. of the purchase price to the seller, cf. however, paragraph 1 2. Buyer may, with a free-making effect, pay to an operator as mentioned in section 6 (4). 3.

Paragraph 2. The purchaser shall not be compensatable under paragraph 1. 1 if the contract has been concluded with a seller who has entered the property with an eye for sale or whose business business is to sell immovable property when the seller has acted as part of this business, the agreement is to be purchased for a reason, as well as new or completed ; of a whole building on the grounds as referred to in Section 14, section 17 shall apply mutatis muth.

§ 12. If the purchaser has paid a share of the payment, the seller shall immediately repay the received deduction of any amount after Section 11. Deduction may occur even if the purchaser has paid the amount to a trader referred to in section 6 (1). 3.

Paragraph 2. If the seller from the buyer for the purchaser ' s purchaser ' s payment received a mortgage payment on the property or an equivalent document, the sellers shall immediately withdraw this. If the seller cannot immediately detain the document, the seller must keep the buyer indemnied for any claim under the document, and the buyer may require the seller to provide reassuring security for that.

§ 13. Saturday and unfounded day shall not be regarded as working days in the calculation of the withdrawal period, cf. § 8.

Chapter 3

The right of the security of contracts for the purchase or construction of whole buildings

§ 14. The rules laid down in this Chapter shall apply to contracts for the purchase or construction of whole buildings, as an entrepreneur (developer) as part of his occupation, if :

1) the structure of the essential part of the project must be provided or in the main project being carried out and carried out by the contractor ;

2) The building after its species is intended for one or two family residence,

3) the building is intended mainly for one or two family residence for the other party (the order) and

4) the Agreement on the construction of the building has not been entered into by the request of the order, which has been requested, in advance of invitation to tender, within a specified period of the same tenderer.

Paragraph 2. The contractor has the burden of proof that an agreement on the purchase or construction of buildings is not covered by the rules laid down in this chapter.

§ 15. When a contract has been reached on the purchase or construction of a building, the order may resign from the agreement to the conditions referred to in Article 16 (the right of withdrawal).

§ 16. The right to request shall be conditional upon the order not later than 6 working days after the contract is concluded, the contractor shall notify the contractor that the order will come back from the agreement, cf. however, paragraph 1 2. The notification must have arrived before the expiry of the deadline.

Paragraph 2. If the contract is concluded at the request of the request from the contractor, the contract shall be required to do so in paragraph 1. 1 the information referred to in paragraph 1 shall be shown within 6 working days of the contract being offered by the contractor.

§ 17. If the contractor is returned, the contractor may only require remuneration for work that was already performed by the agreement and completed.

Paragraph 2. If the order has been paid a part of the agreed remuneration, or the contractor from the order, such as security for payment received, received a pantheon letter or a corresponding document, Section 12 shall apply with the amendments resulting from paragraph 1. 1.

§ 18. Section 13 shall apply by analoging to the calculation of the withdrawal period after paragraph 16.

Chapter 4

Information on the right of withdrawal

§ 19. An operator shall sell or refinance, etc. as referred to in section 6 (2). 3, before the withdrawal period begins to run, cf. § 8, in a separate document, the purchaser of the Buyer shall be informed of the right of withdrawal pursuant to Chapter 2, when buying or building construction, cf. Section 14, before the withdrawal period begins, the contractor must start running, cf. section 16, give the order information on the right of withdrawal after Chapter 3.

Paragraph 2. The Attorney General shall lay down detailed rules on the rules laid down in paragraph 1. The form and content of the information referred to above.

Chapter 5

Other provisions

20. If the purchaser returned from an agreement in accordance with the rules laid down in Chapter 2, the seller with regard to any professional advisers ' s fee, as if the property had not been sold, has been made.

Chapter 6

Promotions of the law, etc.

§ 21. The rules laid down in Chapter 1 may not be derogated from to the detriment of the buyer or seller, unless the person concerned has acted as part of his profession ; if the buyer does not draw ownership insurance, cf. § 5, may that be, however, section 2 (2), FIVE, TWO. point, agreed that the buyer should not be able to invoke conditions which have occurred after the preparation or renewal of the state of the preparation and installation of the installation of the installation and the electrical installation.

Paragraph 2. The rules laid down in Chapter 2 may not be derogated from to the detriment of the purchaser.

Paragraph 3. The rules laid down in Chapter 3 may not be permitted to be deviated to the detriment of the orator.

Paragraph 4. Section 20 may not be waisted for the detriment of the seller, unless the person concerned acts as part of his business.

§ 21 a. In the case of buying-in contracts where the rules laid down in Chapter 1 are applicable, cf. Article 1 may provisions in the Agreement that the buyer may not invoke physical defects at the premises and other general reservations may not be applied to the buyer, to the extent that the seller could have obtained the same legal effect by following it in section 2 mentioned procedures.

Chapter 7

Punishment

§ 22. The one failing to provide information as referred to in section 19 (1). Paragraph 1 shall be punished by fine, unless more stringent penalties are imposed on other legislation. The Minister of Justice may, in accordance with Article 19 (1), be subject to the rules laid down in Article 19. 2, determine the penalty for infringement of provisions laid down in the regulations.

Paragraph 2. Penal code section 144, 150, 152 and 155-157 shall apply mutatis mutias to persons producing electrical installation reports.

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

Chapter 8

The entry into force, etc.

-23. The law shall enter into force on 1. 1 January 1996 and shall have effect on contracts concluded after the entry into force of this Regulation.

§ 24. (Udelades)

§ 25. (Udelades)

SECTION 26. The law does not apply to the Faroe Islands and Greenland, but may, with the exception of section 24, be applied to these parts of the village, with the deviations that the special ferry and Greenlandic conditions are saying.


Law No 609 of 14. June 2011 (Review of the cavity search system, etc.) 1) includes the following entry into force and transitional provision :

§ 4

Paragraph 1. The Minister of Justice sets the time of the law to enter into force. 2)

Paragraph 2. § 1, no. 2-7 and 9-11 have only effect on agreements concluded after the entry into force of the law.


Law No 401 of 28. April 2014 about the approval of establishments in the electrical, vvs and sewer installation area 3) includes the following entry into force :

§ 38. The law shall enter into force on 2. June 2014.

Paragraph 2. (Udelades)


Law No 740 of 1. June 2015 (Lemption of derogation access for retail sale on national holidays, the abolition of maximum prices in the household inspection scheme, the minimum protection of certain categories of persons on board ships, the abolition of the reporting obligation for the municipalities and regions participation in companies and the elimination of board-chanting arrangements for translators and interpreters, as well as for dispacetates etc.) 4) includes the following entry into force :

§ 9

Paragraph 1. (Udelades)

Paragraph 2. (Udelades)

Paragraph 3. sections 2, 3, 5, 7 and 8 shall enter into force on 1. January 2016.

Ministry of Justice, the 22nd. September 2015

Søren Pind

/ Mette Johansen

Official notes

1) The law relates to sections 2, 2 a, 3, 4, 4 (4), (4) (b), (5) and 21.

2) The law has entered into force on 1. May 2012, cf. Notice no. 9 of 12. January 2012.

3) The law relates to section 4 (a) (1) (a). 4, and section 22 (4). Two and three.

4) The law relates to section 4 (4). 2, and section 4 (a) (a), 2.