The Real Estate Sales Contract is a fundamental legal document used in Belgian property transactions to formalize the transfer of real estate ownership. It serves as the primary agreement between parties before the execution of the final notarial deed, which is mandatory under Belgian law. This document is essential when any real estate property is being sold in Belgium, whether residential or commercial, and must comply with federal Belgian law as well as specific regional requirements (Brussels, Flanders, or Wallonia). The contract includes mandatory elements such as property descriptions, price, payment terms, and various certificates (energy performance, soil quality, urban planning), while also addressing matters such as transfer of ownership, warranties, and compliance with notarial requirements. It forms the basis for the subsequent authentic deed and must be drafted in accordance with the Belgian Civil Code and relevant regional property regulations.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details as required under Belgian law
2. Background: Context of the sale and confirmation of the seller's ownership rights
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and surface area
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Transfer of Ownership: Timing and conditions for the transfer of legal ownership
7. Representations and Warranties: Seller's declarations regarding the property's condition, encumbrances, and compliance with regulations
8. Notarial Deed: Requirements and timing for executing the authentic deed
9. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
10. Handover: Conditions and timing for physical possession of the property
11. Default and Remedies: Consequences of breach by either party
12. Governing Law: Confirmation of Belgian law application and jurisdiction
13. Execution: Signature requirements and date
1. Mortgage Arrangements: Include when buyer requires mortgage financing, specifying conditions and deadlines
2. Existing Tenancies: Include when property is subject to ongoing lease agreements
3. Property Maintenance: Include when specific arrangements are needed for maintaining the property between signing and completion
4. Urban Planning Conditions: Include when property is subject to specific urban planning restrictions or requirements
5. Construction Warranties: Include for new properties or recent constructions
6. Co-ownership Provisions: Include for apartments or properties with shared facilities
7. Environmental Conditions: Include when property has specific environmental issues or requirements
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate as required by Belgian law
3. Soil Certificate: Mandatory soil quality certificate from regional authorities
4. Urban Planning Certificates: Certificates regarding zoning and building permissions
5. Technical Installations Report: Documentation of electrical, gas, and other technical installations
6. Property Photographs: Current photographs documenting the property's condition
7. Inventory of Fixtures: Detailed list of fixed items included in the sale
8. Co-ownership Documents: Relevant documents for properties in co-ownership structures
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