The Deed of Conditional Sale is a crucial document in Belgian property transactions where the completion of the sale depends on fulfilling specific conditions. It serves as an intermediate step between the initial sales agreement (compromis de vente) and the final deed of sale, providing a formal framework for property transfers that require certain prerequisites to be met. This document type is particularly useful when dealing with situations involving mortgage approvals, building permits, or other contingencies that need to be satisfied before the sale can be finalized. Being a notarial deed, it must comply with Belgian federal and regional property laws, offering strong legal protection for all parties involved. The document includes comprehensive details about the property, parties, conditions, timelines, and consequences of condition fulfillment or failure, making it essential for complex property transactions in Belgium.
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1. Notarial Introduction: Formal introduction including date, notary identification, and location of deed execution
2. Parties: Detailed identification of seller(s) and buyer(s), including full legal names, addresses, and civil status
3. Background: Context of the sale, including property history and parties' intentions
4. Definitions: Key terms used throughout the deed
5. Property Description: Detailed description of the property, including cadastral details, boundaries, and built area
6. Title Deeds: History of ownership and previous transfers
7. Sale Conditions: Core conditions that must be fulfilled for the sale to become final
8. Purchase Price: Agreed price, payment terms, and deposit arrangements
9. Transfer of Ownership: Timing and process of ownership transfer upon fulfillment of conditions
10. Representations and Warranties: Seller's declarations regarding the property's status and compliance
11. Risk and Insurance: Allocation of risk and insurance obligations during the conditional period
12. Completion Requirements: Steps to be taken upon fulfillment of conditions
13. Default and Remedies: Consequences of breach or non-fulfillment of conditions
14. Notarial Declarations: Mandatory legal declarations and tax statements
15. Closing Provisions: Final formal statements and signature requirements
1. Mortgage Provisions: Required if the purchase involves mortgage financing
2. Environmental Conditions: Required if the property has known environmental issues or requires specific investigations
3. Urban Planning Conditions: Required if there are pending urban planning permits or restrictions
4. Co-ownership Provisions: Required for apartments or properties with shared facilities
5. Rental Situation: Required if the property is currently leased or has occupancy agreements
6. VAT Provisions: Required for new buildings or professional transactions subject to VAT
7. Language Provisions: Required in bilingual regions or when parties speak different official languages
1. Property Plans: Cadastral plans and property measurements
2. Land Registry Extract: Recent extract showing property details and encumbrances
3. Urban Planning Certificates: Certificates showing compliance with planning regulations
4. Soil Certificates: Environmental soil quality certificates
5. Energy Performance Certificate: Mandatory energy efficiency rating
6. Technical Reports: Any relevant technical inspections or surveys
7. Payment Schedule: Detailed breakdown of payment terms and installments
8. Inventory: List of included fixtures and fittings
Authors
Relevant legal definitions
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Relevant Industries
Real Estate
Legal Services
Banking and Finance
Construction
Property Development
Urban Planning
Environmental Services
Insurance
Professional Services
Public Administration
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Business Development
Risk Management
Finance
Operations
Administrative Support
Corporate Services
Relevant Roles
Real Estate Lawyer
Notary Public
Property Manager
Real Estate Agent
Mortgage Advisor
Legal Counsel
Compliance Officer
Property Developer
Construction Manager
Urban Planning Officer
Environmental Consultant
Real Estate Investment Manager
Property Surveyor
Title Insurance Officer
Real Estate Portfolio Manager
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