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The Forward Purchase Agreement (Real Estate) is a sophisticated legal instrument used in the Belgian real estate market when parties wish to agree on the future purchase of a property, often before its development is complete. This document type is particularly relevant in commercial real estate transactions where investors or occupiers want to secure future property acquisitions, especially for development projects. The agreement must comply with Belgian federal and regional regulations, including civil law, urban planning regulations, notarial requirements, and tax legislation. It typically includes detailed provisions on purchase price, payment structure, development specifications, conditions precedent, completion requirements, and risk allocation. The document is essential for real estate developments, off-plan purchases, and investment transactions in Belgium, providing security for both the purchaser and seller while ensuring compliance with all relevant Belgian legal requirements.

1. Parties: Identification of the seller and purchaser, including full legal names, registration details, and addresses

2. Background: Context of the transaction, description of the property, and purpose of the forward purchase arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property, including cadastral details and current state

5. Purchase Price: Details of the purchase price, payment structure, and any adjustments

6. Conditions Precedent: Conditions that must be satisfied before completion, including permits and authorizations

7. Interim Period Obligations: Obligations of parties between signing and completion, including development obligations if applicable

8. Completion: Process and requirements for completion of the purchase, including notarial deed requirements

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Risk and Insurance: Allocation of risk and insurance requirements during the interim period

11. Tax Provisions: Treatment of VAT, registration duties, and other tax implications

12. Assignment and Transfer: Rights and restrictions regarding assignment of the agreement

13. Termination: Circumstances under which the agreement may be terminated and consequences

14. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes

15. Notices: Process and requirements for formal communications between parties