The Property Sales Agreement is a fundamental document in Belgian real estate transactions, serving as the initial binding contract between buyer and seller before the final notarial deed. Used whenever real property is transferred in Belgium, it must comply with federal Civil Code requirements and regional regulations. The document captures essential details including property specifications, price, payment terms, conditions precedent, and various certificates required by Belgian law (energy performance, soil condition, urban planning). It typically precedes the authentic notarial deed and requires careful consideration of regional variations in property law, as Belgium's property regulations differ between Flanders, Wallonia, and Brussels-Capital regions. The agreement's format and content must accommodate both residential and commercial property transactions while ensuring compliance with strict Belgian formalities for property transfers.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief property history
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and surface area
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Terms and timing of the transfer of ownership and possession
7. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and disclosed defects
8. Buyer's Obligations: Buyer's commitments including payment terms and compliance with transfer conditions
9. Notarial Deed: Requirements and timeline for executing the authentic notarial deed
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Risk Transfer: Point at which risk transfers from seller to buyer
12. Representations: Statements about the property's condition and legal status
13. Default and Remedies: Consequences of breach by either party
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Conditions: Include when buyer requires mortgage financing, specifying conditions and deadlines
2. Tenant Rights: Include when property is currently leased, detailing existing tenancy arrangements
3. Urban Planning Conditions: Include when property is subject to specific urban planning restrictions or requirements
4. Renovation Requirements: Include when property requires mandatory renovations or upgrades to comply with regulations
5. Co-ownership Provisions: Include for apartments or properties with shared facilities
6. Environmental Conditions: Include when property has specific environmental issues or requirements
7. Heritage Protection: Include for properties with protected status or historical value
8. Construction Warranty: Include for newly built properties or recent renovations
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC showing energy efficiency rating
3. Soil Certificate: Certificate regarding soil quality and potential contamination
4. Urban Planning Certificates: Certificates showing compliance with zoning and planning regulations
5. Property Title: Copy of existing property title and proof of ownership
6. Technical Inspections: Reports on electrical, gas, and other technical installations
7. Inventory: List of included fixtures, fittings, and contents if applicable
8. Insurance Certificates: Existing building insurance documentation
9. Co-ownership Documents: Applicable regulations and recent decisions of co-owner association
10. Photographs: Documentary photographs of property condition at time of sale
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