The Agreement For Sale Of Property is a fundamental legal document used in Belgian real estate transactions to formalize the transfer of property ownership. This document is essential for any property sale in Belgium, whether residential, commercial, or industrial. It must comply with the Belgian Civil Code, regional property regulations, and specific requirements for notarial execution. The agreement includes mandatory elements such as precise property identification, price terms, warranties, and various certificates required by Belgian law (energy performance, soil condition, urban planning compliance). It serves as the foundation for the subsequent notarial deed and must account for Belgium's three distinct regions (Flanders, Wallonia, and Brussels-Capital), each with their specific property regulations.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers as required by Belgian law
2. Background: Context of the sale and brief description of the property transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and built area as per land registry
5. Purchase Price: Specified purchase price, payment terms, deposit requirements, and payment schedule
6. Transfer of Ownership: Terms regarding the transfer of ownership, including the requirement for notarial deed
7. Seller's Representations and Warranties: Declarations regarding property ownership, absence of encumbrances, and compliance with regulations
8. Property Condition: Statement of property condition, including known defects and compliance with housing codes
9. Notarial Requirements: Provisions regarding the appointment of notary and execution of notarial deed
10. Costs and Taxes: Allocation of transaction costs, registration duties, and other applicable taxes
11. Completion Requirements: Conditions for completion, including required certificates and documentation
12. Default and Remedies: Consequences of breach and available remedies for both parties
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and competent courts
1. Mortgage Conditions: Include when buyer is obtaining mortgage financing, specifying conditions related to loan approval
2. Tenant Rights: Include when property is currently leased, addressing existing tenancy agreements
3. Renovation Agreement: Include when specific renovations are agreed to be completed before or after sale
4. Environmental Provisions: Include when property has specific environmental considerations or requirements
5. Co-ownership Provisions: Include for apartments or properties with shared facilities
6. Language Provisions: Include when parties require agreement in multiple languages (common in Belgium)
7. Property Management: Include when temporary management arrangements are needed post-sale
8. Utilities Transfer: Include when specific arrangements for utility transfer are required
1. Property Plans: Cadastral plans and property drawings
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Certificate regarding soil quality and potential contamination
4. Property Title: Extract from land registry showing title details
5. Urban Planning Certificates: Certificates showing compliance with urban planning regulations
6. Inventory: List of included fixtures, fittings, and contents if applicable
7. Condition Report: Detailed report on property condition and any defects
8. Insurance Certificates: Relevant insurance documentation for the property
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