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For Sale By Owner Contract Template for Belgium

A For Sale By Owner Contract under Belgian law is a legally binding agreement used for direct property sales between private parties without the intervention of a real estate agent. This document, governed by the Belgian Civil Code and regional property regulations, outlines all essential aspects of the property transfer, including detailed property description, purchase price, payment terms, and completion requirements. It incorporates mandatory Belgian legal requirements such as energy performance certificates, soil certificates, and urban planning documentation, while ensuring compliance with both federal and regional property legislation.

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What is a For Sale By Owner Contract?

The For Sale By Owner Contract is utilized in Belgium when property owners wish to sell their real estate directly to buyers without using a real estate agent's services. This approach, while requiring more direct involvement from the parties, can result in cost savings on agent commissions. The document must comply with Belgian federal law, including the Civil Code, as well as specific regional requirements in Flanders, Wallonia, or Brussels-Capital Region. It includes mandatory disclosures, property details, financial terms, and completion procedures. This contract type is particularly relevant in the current digital age where property owners increasingly manage their own sales through online platforms and direct marketing. The document must incorporate all necessary legal safeguards and requirements while remaining accessible to parties without professional real estate representation.

What sections should be included in a For Sale By Owner Contract?

1. Parties: Identification and full details of the seller(s) and buyer(s), including national numbers, marital status, and current addresses

2. Background: Context of the sale and confirmation that the seller is the rightful owner of the property

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Description: Detailed description of the property including cadastral details, size, boundaries, and included fixtures and fittings

5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule

6. Conditions Precedent: Conditions that must be met before the sale can proceed, including mortgage approval if applicable

7. Completion Process: Details of the completion process, including notary requirements and timing

8. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and compliance with regulations

9. Property Condition: Current condition of the property and any known defects or issues

10. Costs and Taxes: Attribution of costs including registration duties, notary fees, and other transaction costs

11. Risk and Insurance: Transfer of risk and insurance obligations between parties

12. Governing Law: Confirmation of Belgian law application and jurisdiction

13. Signatures: Execution block for all parties

What sections are optional to include in a For Sale By Owner Contract?

1. Mortgage Contingency: To be included when the purchase is contingent on the buyer obtaining mortgage financing

2. Rental Situation: Required if the property is currently rented or has existing tenants

3. Co-ownership Provisions: Necessary for apartments or properties with shared facilities

4. Construction or Renovation Provisions: Required if the property is under construction or significant renovations are agreed upon

5. Environmental Provisions: Extended section required if property is in an environmentally sensitive area or has known environmental issues

6. Foreign Buyer Provisions: Additional provisions required when the buyer is not a Belgian resident

What schedules should be included in a For Sale By Owner Contract?

1. Property Plan: Cadastral plan and property boundaries

2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating

3. Inventory of Fixtures and Fittings: Detailed list of items included/excluded in the sale

4. Soil Certificate: Required environmental soil certificate

5. Urban Planning Certificates: Certificates regarding zoning and planning permissions

6. Property Photos: Dated photographs documenting current condition

7. Building Permits: Copies of relevant building permits and certificates

8. Co-ownership Documents: If applicable, recent co-ownership meeting minutes and regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Document Type

Sale Agreement

Cost

Free to use

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