The Home Sales Agreement Contract is a crucial legal document used in Belgian residential property transactions to formalize the sale between private or professional sellers and buyers. This agreement is essential when transferring ownership of houses, apartments, or other residential properties in Belgium. It must comply with the Belgian Civil Code, regional housing regulations, and various mandatory requirements including energy performance certificates, soil certificates, and urban planning documentation. The document serves as a preliminary agreement (compromis de vente/verkoopcompromis) that precedes the final notarial deed, setting out all essential terms and conditions of the sale, protective clauses for both parties, and specific Belgian legal requirements. It's particularly important as it creates binding obligations once signed, subject to any conditions precedent, and forms the basis for the subsequent notarial deed that transfers legal ownership.
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Key Requirements PROMPT example:
Home Sales Agreement Contract
"I need a Home Sales Agreement Contract under Belgian law for selling my three-bedroom house in Brussels to a private buyer, with specific provisions for a delayed completion date in March 2025 and retention of certain antique light fixtures."
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and national registry numbers
2. Background: Context of the sale, including brief property description and intention of parties to enter into the agreement
3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, etc.
4. Property Description: Detailed description of the property including address, cadastral details, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Completion: Terms and process for completing the sale, including notarial deed requirements
7. Seller's Warranties: Warranties regarding property ownership, encumbrances, and condition
8. Property Condition: Current state of the property and any known defects
9. Transfer of Ownership: Process and timing of ownership transfer
10. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes
11. Default and Remedies: Consequences of breach and available remedies
12. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Contingency: Optional clause for cases where the purchase is contingent on buyer obtaining mortgage financing
2. Tenant Rights: Required when the property is currently leased to tenants
3. Renovation Agreement: Used when specific renovations are agreed to be completed before or after the sale
4. Co-ownership Provisions: Required for apartments or properties with shared facilities
5. Language Selection: Required in bilingual regions to specify the governing language of the agreement
6. Environmental Provisions: Additional provisions for properties in environmentally sensitive areas or with specific environmental concerns
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC documentation
3. Soil Certificate: Required soil quality certification
4. Urban Planning Certificates: Zoning and planning permissions documentation
5. Inventory of Contents: List of any fixtures and fittings included in the sale
6. Technical Installations Report: Certificates for electrical, gas, and water installations
7. Property Photos: Documented condition of the property at time of agreement
8. Co-ownership Documents: If applicable, rules and recent minutes of co-owners' meetings
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Client Services
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Notary
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Property Manager
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Real Estate Transaction Manager
Property Sales Director
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