The Pre-Sale Agreement Property is a fundamental document in Belgian real estate transactions, required by law before proceeding to the final notarial deed. This agreement serves as the primary contract between parties, establishing legally binding obligations for both buyer and seller. It must incorporate specific elements required under Belgian federal and regional legislation, including property details, financial terms, and various mandatory certificates and declarations. The document is particularly crucial as it triggers legal obligations and typically includes a cooling-off period for residential properties. The Pre-Sale Agreement Property must address requirements specific to Belgian property law, including compliance with linguistic requirements in bilingual regions, urban planning regulations, and environmental standards. It forms the basis for the subsequent notarial deed and is typically used in both residential and commercial property transactions, requiring careful consideration of conditions precedent, especially regarding mortgage financing and technical inspections.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details including national numbers
2. Background: Context of the transaction and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, and boundaries
5. Purchase Price: Agreed purchase price, payment structure, and deposit requirements
6. Payment Terms: Detailed payment schedule including deposit, balance, and escrow arrangements
7. Conditions Precedent: Mandatory conditions that must be fulfilled before final deed, including mortgage approval if applicable
8. Completion Timeline: Timeframe for signing the final deed and consequences of delay
9. Property State and Compliance: Current condition of the property and compliance with legal requirements
10. Seller's Warranties: Warranties regarding property ownership, encumbrances, and disclosed issues
11. Transfer of Risk: Point at which risk transfers from seller to buyer
12. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
13. Default and Remedies: Consequences of breach by either party
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Tenant Rights: Required if property is currently leased, detailing existing tenancy arrangements
2. Co-ownership Provisions: Required for apartments or shared buildings, detailing common areas and charges
3. Construction Requirements: Required for properties under construction or renovation, including Breyne Act provisions
4. Environmental Conditions: Required if property has known environmental issues or specific soil conditions
5. Urban Planning Restrictions: Required if property has specific urban planning constraints or ongoing permits
6. Easements: Required if property has specific easements or rights of way
7. Language Declaration: Required in bilingual regions to confirm language choice for the agreement
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC/PEB certificate details
3. Soil Certificate: Required soil quality certification
4. Urban Planning Certificates: Certificates regarding zoning and permitted use
5. Property Photographs: Current dated photographs of property condition
6. Inventory of Fixtures: List of included fixtures and fittings
7. Technical Inspections: Results of mandatory technical inspections (electricity, gas, etc.)
8. Co-ownership Documents: Recent co-ownership charges and regulations if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Insurance
Urban Development
Residential Property
Commercial Property
Property Investment
Architecture and Design
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Operations
Finance
Risk Management
Business Development
Administrative Support
Investment
Technical Services
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Property Developer
Real Estate Investment Manager
Property Portfolio Manager
Legal Counsel
Compliance Officer
Real Estate Operations Manager
Property Acquisition Manager
Real Estate Transaction Manager
Property Sales Director
Real Estate Finance Manager
Development Director
Property Surveyor
Real Estate Administrator
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