The Rental With Option To Buy Agreement is a specialized legal instrument used in Belgian property transactions where parties wish to combine a rental arrangement with a future purchase opportunity. This document is particularly suitable when a potential buyer needs or wants to occupy the property immediately but requires time before making a purchase commitment, whether for financial planning, assessment of the property's suitability, or other strategic reasons. The agreement must comply with Belgian federal and regional property laws, including the Civil Code provisions on leases and sales, regional housing codes, and registration requirements. It contains detailed provisions about rental terms, property maintenance, option exercise conditions, purchase price calculations, and all necessary property documentation required under Belgian law. This type of agreement is commonly used in both residential and commercial contexts, offering flexibility while providing legal certainty to both parties regarding their rights and obligations.
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1. Parties: Identification and details of the landlord/seller and tenant/potential buyer
2. Background: Context of the agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, cadastral details, and included fixtures/fittings
5. Rental Terms: Rental period, rent amount, payment terms, and periodic adjustments
6. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
7. Option to Purchase: Terms of the purchase option, including duration and exercise conditions
8. Purchase Price: Agreed purchase price and any rent credit arrangements
9. Property Maintenance: Responsibilities for maintenance, repairs, and improvements
10. Insurance: Required insurance coverage for both parties
11. Utilities and Charges: Responsibility for utility payments and other charges
12. Registration: Requirements and responsibility for contract registration
13. Termination: Conditions and procedures for termination of the agreement
14. Governing Law: Specification of Belgian law as governing law and jurisdiction
15. Signatures: Execution blocks for all parties
1. Mortgage Contingency: Terms regarding potential mortgage financing, used when the buyer may require mortgage financing
2. Property Management: Additional terms for property management services, if provided
3. Pet Clause: Terms regarding pet ownership, if pets are allowed
4. Subletting: Terms regarding subletting rights, if permitted
5. Commercial Use: Additional terms for mixed-use properties or commercial properties
6. Renovation Rights: Terms regarding permitted renovations during the rental period
7. Early Purchase Option: Terms for exercising the purchase option before the standard exercise date
8. Extension Options: Terms for extending the rental period or option period
1. Schedule 1 - Property Inventory: Detailed inventory of the property condition and contents at commencement
2. Schedule 2 - Energy Performance Certificate: Mandatory energy performance certificate for the property
3. Schedule 3 - Property Plans: Floor plans and property boundaries
4. Schedule 4 - Rent Payment Schedule: Detailed schedule of rent payments and adjustments
5. Schedule 5 - Purchase Price Calculation: Breakdown of purchase price including any rent credits
6. Schedule 6 - Property Regulations: Building or community regulations applicable to the property
7. Appendix A - Property Photos: Photographic evidence of property condition
8. Appendix B - Required Certificates: Mandatory certificates including fire safety and electrical compliance
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