Agreement Of Purchase And Sale (Real Estate) Template for Belgium

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Key Requirements PROMPT example:

Agreement Of Purchase And Sale (Real Estate)

"I need an Agreement Of Purchase And Sale (Real Estate) for purchasing a commercial property in Brussels that's currently leased to multiple tenants, with completion planned for March 2025, and including specific provisions for assuming existing lease agreements."

Document background
The Agreement Of Purchase And Sale (Real Estate) is a crucial legal document used in Belgian property transactions to formalize the transfer of real estate ownership. It serves as both a preliminary agreement (compromis de vente/verkoopcompromis) and the basis for the final notarial deed. This document is essential whenever real property is being transferred in Belgium, whether between private individuals, companies, or a combination thereof. It must comply with federal Belgian law, including the Civil Code, as well as regional property regulations. The agreement includes mandatory elements such as property details, price, payment terms, and various certificates required by Belgian law (energy performance, soil condition, urban planning). It also addresses specific Belgian requirements like notary involvement, registration duties, and mortgage arrangements. The document's format and content are influenced by Belgian legal practice and local real estate customs, making it distinct from similar agreements in other jurisdictions.
Suggested Sections

1. Parties: Identification and details of the seller(s) and purchaser(s), including full legal names, national numbers, current addresses, and marital status

2. Background: Context of the transaction, including brief property history and current ownership status

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including cadastral details, boundaries, size, and included fixtures and fittings

5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule

6. Conditions Precedent: Conditions that must be satisfied before completion, including mortgage approval and property inspections

7. Completion: Details of the completion process, including notary appointment, timing, and documentation requirements

8. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and compliance with regulations

9. Property Transfer: Terms governing the transfer of property ownership and possession

10. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes between parties

11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

Optional Sections

1. Mortgage Arrangements: Used when the purchase is contingent on mortgage financing, detailing loan requirements and conditions

2. Tenant Rights: Required when the property is currently leased, addressing existing tenancy agreements

3. Renovation Requirements: Included when specific renovations or repairs must be completed before or after the sale

4. Co-ownership Provisions: Required for apartments or properties with shared facilities, detailing common areas and charges

5. Environmental Conditions: Used when there are specific environmental concerns or requirements

6. Planning Permissions: Required when the sale depends on obtaining specific planning or building permits

7. Agricultural Provisions: Used for properties with agricultural land or farming rights

Suggested Schedules

1. Property Plan: Cadastral plan and property measurements

2. Title Documents: Copies of relevant title documents and property register extracts

3. Energy Performance Certificate: Mandatory energy performance assessment results

4. Soil Certificate: Required environmental soil quality certification

5. Building Permits: Copies of existing building permits and certificates

6. Property Condition Report: Detailed report on the current condition of the property

7. Inventory of Fixtures and Fittings: List of items included in or excluded from the sale

8. Co-ownership Documents: If applicable, documents relating to apartment or shared property regulations

9. Urban Planning Certificates: Certificates regarding zoning and development restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Insurance

Urban Planning

Environmental Services

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Investment

Operations

Finance

Corporate Development

Facilities Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Compliance Officer

Property Developer

Investment Manager

Real Estate Investment Analyst

Real Estate Portfolio Manager

Transaction Manager

Property Surveyor

Facilities Manager

Risk Manager

Corporate Counsel

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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