The Home Purchase Agreement Form is a vital legal document used in Belgian residential property transactions to formalize the sale and purchase of homes. It serves as the primary contract between seller and buyer, incorporating requirements from the Belgian Civil Code, regional housing regulations, and property laws. This document is essential when transferring residential property ownership in Belgium and must be prepared in accordance with strict legal requirements, including eventual conversion into a notarial deed. The agreement covers crucial elements such as property details, price, payment terms, conditions precedent, and various mandatory certificates and declarations required under Belgian law. It's designed to protect both parties' interests while ensuring compliance with federal and regional property regulations, making it a fundamental tool in Belgian real estate transactions.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, marital status, and current addresses
2. Background: Context of the transaction and confirmation that the seller is the rightful owner of the property
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Description: Detailed description of the property including address, cadastral details, size, and boundaries as registered in land registry
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including the notarial deed requirements
7. Representations and Warranties: Seller's declarations regarding property condition, title, encumbrances, and compliance with regulations
8. Conditions Precedent: Conditions that must be met before completion, including mortgage approval if applicable
9. Completion: Process and requirements for completion of the sale, including notary appointment and documentation
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Property Condition: Current state of the property and any known defects or issues
12. Insurance and Risk: Responsibility for insurance and risk transfer timing
13. Governing Law: Confirmation of Belgian law application and jurisdiction
14. Signatures: Execution blocks for all parties
1. Mortgage Contingency: Details of mortgage requirements and conditions, used when buyer requires financing
2. Tenant Rights: Information about existing tenants and their rights, included if property is currently leased
3. Furniture and Fixtures: List of movable items included/excluded in the sale, used when specific items are part of transaction
4. Renovation Works: Details of ongoing or planned renovation works, included if property is under renovation
5. Co-ownership Provisions: Specific provisions for apartments or co-owned properties
6. Agricultural Provisions: Special conditions for properties with agricultural land or farming rights
7. Language Declaration: Required in certain Belgian regions where language of agreement needs specification
8. Environmental Conditions: Specific provisions related to environmental issues, used when property has known environmental concerns
1. Property Plan: Official cadastral plan and property boundaries
2. Energy Performance Certificate: Mandatory energy performance assessment results
3. Property Title: Extract from land registry showing ownership history
4. Soil Certificate: Required environmental soil quality certification
5. Urban Planning Certificate: Documentation of zoning and planning permissions
6. Inventory of Furniture: Detailed list of included movable items if applicable
7. Property Photos: Documented condition of property at time of agreement
8. Technical Installations Report: Certificates for electrical, gas, and water installations
9. Co-ownership Documents: Relevant documentation for apartments including recent AGM minutes
10. Building Permits: Copies of relevant building permits and certificates
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