The Real Estate Contract serves as the primary legal instrument for property transactions in Belgium, operating within the framework of Belgian federal and regional legislation. It is essential for any transfer of real estate ownership, whether residential, commercial, or industrial properties. The document must comply with strict formal requirements under Belgian law, including mandatory notarial intervention and specific disclosures such as energy performance certificates and soil conditions. This contract type is particularly notable for its incorporation of Belgium's bilingual or trilingual requirements in certain regions and its adherence to both national and regional housing codes. It provides comprehensive coverage of all aspects of the property transfer, from initial agreement through to completion, including price, payment terms, warranties, and specific Belgian legal requirements for property transfers.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, addresses, and marital status as required by Belgian law
2. Background: Context of the transaction and brief history of the property ownership
3. Definitions: Key terms used throughout the agreement, including specific Belgian legal terminology
4. Property Description: Detailed description of the property including cadastral details, precise measurements, and boundaries as per land registry
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and escrow arrangements
6. Completion Date: Timing and conditions for completion of the sale, including notarial deed requirements
7. Property Transfer: Terms of transfer of ownership and possession, including key handover arrangements
8. Seller's Warranties: Mandatory warranties regarding property ownership, encumbrances, and compliance with Belgian housing regulations
9. Due Diligence: Buyer's investigation rights and seller's disclosure obligations under Belgian law
10. Notarial Requirements: Appointment of notary and requirements for authentic deed preparation
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Governing Law: Confirmation of Belgian law application and jurisdiction
13. Execution: Signature requirements and date of agreement
1. Mortgage Conditions: Include when buyer requires mortgage financing, detailing conditions and deadlines
2. Rental Situation: Include when property is currently tenanted, describing existing leases and tenant rights
3. Renovation Requirements: Include when property requires specific works to comply with housing codes
4. Co-ownership Provisions: Include for apartments or properties with shared facilities
5. Environmental Conditions: Include when property requires specific environmental clearances or remediation
6. Planning Permissions: Include when property involves ongoing or required planning permits
7. Agricultural Preemption Rights: Include when property involves agricultural land subject to preemption rights
8. Language Provisions: Include when parties require specific language arrangements in bilingual regions
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate and energy efficiency details
3. Soil Certificate: Required soil quality certification from regional authorities
4. Property Photos: Documented condition of property at time of sale
5. Urban Planning Certificates: Certificates regarding zoning and permitted use
6. Technical Installations Report: Certificates for electrical, gas, and water installations
7. Co-ownership Documents: Rules, recent AGM minutes, and charges for co-owned properties
8. Insurance Certificates: Current building insurance documentation
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