The Real Property Sales Contract is a fundamental legal document used in Belgian property transactions to formalize the transfer of real estate ownership. It must comply with strict requirements under the Belgian Civil Code and regional regulations, including mandatory notarial involvement and specific disclosures. This document is essential for any real property transfer in Belgium, whether residential or commercial, and must include specific certificates (energy performance, soil condition, urban planning) required by law. It serves as the preliminary agreement (compromis de vente/verkoopcompromis) before the final notarial deed, setting out all essential terms including property details, price, conditions, and warranties. The document must account for regional variations in property law between Flanders, Wallonia, and Brussels-Capital regions, making it crucial to adapt the content according to the property's location within Belgium.
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Key Requirements PROMPT example:
Real Property Sales Contract
"I need a Real Property Sales Contract for the purchase of a commercial warehouse in Brussels, with specific provisions for existing tenant agreements and environmental compliance requirements, planned to complete by March 2025."
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers as required by Belgian law
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and total area
5. Purchase Price: Specified purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, method of payment, and escrow arrangements
7. Transfer of Ownership: Conditions and timing of the transfer of property ownership
8. Seller's Representations and Warranties: Mandatory declarations regarding property title, encumbrances, and condition
9. Buyer's Representations and Warranties: Declarations regarding financial capacity and understanding of property condition
10. Notarial Deed: Requirements and timing for execution of the authentic notarial deed
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Possession and Risk: Timing of transfer of possession and risk to the buyer
13. Pre-Closing Obligations: Actions required by both parties before closing
14. Closing Conditions: Conditions that must be met for the sale to complete
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Mortgage Arrangements: To be included when buyer requires mortgage financing
2. Rental Situation: Required when property is currently leased to tenants
3. Co-ownership Provisions: Necessary for apartments or properties with shared facilities
4. Construction or Renovation Requirements: Include when property requires specific works before or after sale
5. Environmental Conditions: Required when property has specific environmental issues or requirements
6. Urban Planning Conditions: Include when property is subject to specific urban planning restrictions
7. Right of First Refusal: Include when there are statutory or contractual pre-emption rights
8. Language Provisions: Required in bilingual regions or when parties speak different official languages
1. Property Plan: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Required certificate regarding soil quality and contamination
4. Urban Planning Certificates: Certificates regarding zoning and permitted use
5. Property Photographs: Documentary photographs of property condition
6. Inventory of Fixtures: Detailed list of fixtures and fittings included in sale
7. Title Documents: Copies of relevant title documents and property history
8. Technical Inspections: Reports on electrical, gas, and other technical installations
9. Co-ownership Documents: Relevant documents for properties in co-ownership structures
10. Insurance Certificates: Current property insurance documentation
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