The Contract To Buy Property is a fundamental legal document used in Belgian real estate transactions for transferring property ownership from seller to buyer. It serves as the primary agreement between parties before the mandatory notarial deed is executed. This document is essential for both residential and commercial property transactions in Belgium, incorporating federal and regional legal requirements, including mandatory certificates and declarations. The contract must address specific Belgian legal requirements such as registration duties, energy performance certificates, and soil certificates. It typically precedes the final notarial deed and includes provisions for deposit payment, completion timing, and property transfer conditions. The document must be drafted in compliance with the Belgian Civil Code and relevant regional regulations, making it suitable for property transactions anywhere in Belgium while accommodating regional variations in property law.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief property history
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and precise location
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Completion Date: Specified date for completion of the sale and transfer of ownership
7. Pre-completion Obligations: Obligations of both parties before completion, including necessary documentation and certificates
8. Title and Ownership: Confirmation of seller's right to sell and details of existing encumbrances
9. Property Condition: Current state of the property and any known defects
10. Warranties and Representations: Seller's warranties regarding the property and any disclaimers
11. Notary Requirements: Details of the notarial deed process and requirements
12. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes
13. Risk and Insurance: Transfer of risk and insurance requirements
14. Default and Remedies: Consequences of breach and available remedies
15. Governing Law: Confirmation of Belgian law application and jurisdiction
16. Execution: Signature requirements and execution formalities
1. Mortgage Arrangements: Include when buyer requires mortgage financing, detailing conditions and arrangements
2. Renovation Agreement: Include when specific renovations are agreed to be completed before or after sale
3. Tenant Provisions: Include when property is currently tenanted, detailing arrangements with existing tenants
4. Furniture and Fittings: Include when sale includes specific furniture or fittings
5. Environmental Conditions: Include when property has specific environmental considerations or requirements
6. Planning Permissions: Include when property involves ongoing or pending planning applications
7. Break Clause: Include when parties agree to specific conditions under which the contract can be terminated
8. Language Declaration: Include when parties require contract in multiple languages
1. Property Plan: Cadastral plans and property boundaries
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Property Photographs: Documented condition of property at time of agreement
4. Soil Certificate: Required certificate regarding soil quality and contamination
5. Planning Certificates: Urban planning certificates and permits
6. Technical Installations: Certificates for electrical, gas, and water installations
7. Inventory: Detailed list of included fixtures, fittings, and furniture if applicable
8. Title Documents: Copies of relevant title documents and property history
9. Insurance Certificates: Current building insurance documentation
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