The Preliminary Sale Contract is a crucial document in Belgian property transactions, serving as the first formal and binding step in the property transfer process. It is used when parties have reached agreement on the essential elements of a property sale but before the final notarial deed is executed. The document captures key details including property description, price, payment terms, conditions precedent, and various mandatory certificates required under Belgian federal and regional laws. While appearing preliminary in nature, this contract creates significant legal obligations, with financial penalties for non-compliance. It must comply with Belgian Civil Code requirements and include mandatory disclosures about property conditions, urban planning restrictions, and environmental certificates. The document typically allows for a cooling-off period and often includes conditions regarding mortgage approval and technical inspections.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and civil status
2. Background: Brief context of the transaction and confirmation that the seller is the rightful owner of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, cadastral details, size, and current use
5. Sale Price and Payment Terms: Agreed purchase price, deposit amount, payment schedule, and method of payment
6. Timing and Transfer: Expected date of final deed signing and conditions for transfer of ownership
7. Property Condition: Current state of the property and any known defects or issues
8. Seller's Warranties: Confirmations regarding property ownership, absence of disputes, and disclosed encumbrances
9. Conditions Precedent: Conditions that must be met before the final deed can be signed, including mortgage approval if applicable
10. Default and Remedies: Consequences of breach by either party and available remedies
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Governing Law: Confirmation that Belgian law governs the agreement
1. Mortgage Clause: To be included when the buyer's purchase is contingent on obtaining mortgage financing
2. Rental Status: Required if the property is currently rented or has recent rental history
3. Construction Permits: Needed if there are ongoing or planned construction works
4. Co-ownership Provisions: Required for apartments or properties with shared facilities
5. Urban Planning Conditions: Included when specific urban planning restrictions or requirements apply
6. Soil Remediation Clause: Required for properties in areas with potential soil contamination
7. Equipment and Fixtures: Detailed list of items included/excluded from sale when necessary
8. Insurance Requirements: Specific insurance obligations until final deed signing
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Required environmental soil status certificate
4. Urban Planning Certificates: Certificates regarding zoning and permitted use
5. Property Photos: Documented condition of the property at time of preliminary agreement
6. Inventory of Included Items: Detailed list of furniture or equipment included in the sale
7. Building Permits: Copies of relevant building permits and certificates
8. Co-ownership Documents: Recent minutes of co-owners' meetings and building regulations if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Property Management
Professional Services
Residential Property
Commercial Property
Urban Planning
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Sales
Operations
Risk Management
Corporate Services
Investment
Administration
Due Diligence
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Legal Counsel
Property Manager
Real Estate Developer
Mortgage Advisor
Property Surveyor
Compliance Officer
Real Estate Investment Manager
Transaction Manager
Legal Administrator
Property Portfolio Manager
Real Estate Operations Manager
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