The Purchase Agreement For House For Sale By Owner is a crucial legal document used in Belgium when property owners choose to sell their residential property directly to buyers without engaging a real estate agent. This type of agreement is becoming increasingly common as property owners seek to manage their own sales process while saving on agency fees. The document must comply with Belgian Civil Code requirements, regional property regulations, and include all mandatory elements such as energy performance certificates, soil certificates, and urban planning documentation. It's designed to protect both parties' interests while ensuring all legal requirements for property transfer are met. The agreement is particularly important as it serves as the foundation for the notarial deed and must include all essential elements required for the final property transfer. This document type requires careful attention to detail as it handles significant financial transactions and long-term legal obligations without the oversight of a professional real estate intermediary.
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1. Parties: Identification and details of the seller and buyer, including full legal names, national numbers, marital status, and current addresses
2. Background: Context of the sale, including brief property history and current ownership status
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, exact address, size, and included fixtures/fittings
5. Purchase Price: Agreed purchase price, payment structure, and deposit arrangements
6. Payment Terms: Detailed payment schedule, method of payment, and banking details
7. Conditions Precedent: Conditions that must be met before the sale can proceed, including mortgage approval if applicable
8. Completion: Process and requirements for completion of the sale, including notary requirements
9. Seller's Warranties: Warranties regarding property ownership, absence of disputes, and property condition
10. Property Transfer: Terms for the transfer of property ownership and possession
11. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes
12. Risk and Insurance: Transfer of risk and insurance requirements
13. Notices: Process for formal communications between parties
14. Governing Law: Confirmation of Belgian law as governing law and jurisdiction
15. Execution: Signature requirements and execution process
1. Existing Tenancies: Details of any existing tenancy agreements and their handling (used when property is currently rented)
2. Renovation Requirements: Specific agreements about renovations to be completed before or after sale (used when property requires agreed works)
3. Mortgage Details: Information about existing mortgages and their discharge (used when property has existing mortgages)
4. Co-ownership Provisions: Specific provisions relating to shared areas and facilities (used for apartments or shared properties)
5. Environmental Matters: Specific provisions regarding environmental issues (used when there are known environmental concerns)
6. Planning Permissions: Details of existing or required planning permissions (used when property involves development potential)
7. Fixtures and Fittings: Detailed list of included/excluded items (used when specific items need to be clarified)
1. Property Plan: Cadastral plans and property boundaries
2. Energy Performance Certificate: Current EPC certificate as required by law
3. Soil Certificate: Certificate regarding soil quality and contamination status
4. Urban Planning Certificate: Certificate showing compliance with urban planning regulations
5. Inventory of Fixtures and Fittings: Detailed inventory of items included in the sale
6. Property Photographs: Dated photographs documenting current condition
7. Technical Installations Certificates: Certificates for electrical, gas, and other technical installations
8. Property Insurance Details: Current insurance documentation
9. Co-ownership Documents: Relevant documents for shared properties or apartments
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