The For Sale By Owner Purchase Agreement is a crucial legal document used in Belgium when property owners choose to sell their real estate directly to buyers without real estate agent intermediation. This agreement must comply with the Belgian Civil Code, regional housing regulations, and various mandatory certification requirements. It is particularly relevant in situations where parties wish to reduce transaction costs while maintaining legal compliance. The document includes essential elements such as property description, price, payment terms, warranties, and specific Belgian requirements including energy performance certificates (EPC), soil certificates, and electrical compliance certificates. It serves as both a preliminary agreement (compromis de vente/verkoopcompromis) and the basis for the final notarial deed, making it a fundamental instrument in Belgian property transactions.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale and property overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, measurements, and boundaries
5. Purchase Price: Specified purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, method of payment, and escrow arrangements
7. Property Transfer: Terms and timing of the official property transfer via notarial deed
8. Seller's Representations: Seller's warranties regarding property ownership, encumbrances, and condition
9. Property Condition: Current state of the property and any known defects
10. Compliance Certificates: Required certificates including EPC, electrical, and soil certificates
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Pre-Closing Obligations: Obligations of both parties before final closing
13. Closing Process: Details of the closing procedure and requirements
14. Default and Remedies: Consequences of default by either party and available remedies
15. Governing Law: Specification of Belgian law as governing law and jurisdiction
16. Execution: Signature blocks and execution requirements
1. Mortgage Contingency: Conditions related to buyer's mortgage financing, used when buyer requires financing
2. Tenant Rights: Details of existing tenancy if property is currently leased
3. Furniture and Fixtures: List of movable items included/excluded in the sale, if applicable
4. Construction Permits: Details of existing permits or violations, relevant for properties with recent construction
5. Environmental Matters: Additional environmental considerations beyond standard soil certificate, for properties in industrial zones
6. Co-ownership Provisions: Specific provisions for apartments or co-owned properties
7. Language Declaration: Required for transactions in bilingual regions of Belgium
8. Right of First Refusal: Acknowledgment of any existing rights of first refusal
1. Property Plan: Cadastral plan and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Required soil quality certificate
4. Electrical Installation Certificate: Certificate of electrical installation compliance
5. Property Photos: Documented visual condition of the property
6. Inventory List: Detailed list of included fixtures and fittings
7. Urban Planning Certificates: Relevant urban planning and zoning certificates
8. Co-ownership Documents: Relevant documents for apartments or co-owned properties
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Construction
Property Development
Urban Planning
Environmental Services
Insurance
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Facilities
Finance
Risk Management
Compliance
Administrative Services
Technical Services
Relevant Roles
Property Owner
Private Buyer
Notary Public
Legal Counsel
Property Surveyor
Mortgage Advisor
Bank Manager
Property Administrator
Urban Planning Officer
Environmental Consultant
Technical Inspector
Insurance Advisor
Tax Consultant
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