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Disclosure Agreement (Real Estate)

Disclosure Agreement (Real Estate) Template for Belgium

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Key Requirements PROMPT example:

Disclosure Agreement (Real Estate)

"I need a Real Estate Disclosure Agreement under Belgian law for a Grade II listed commercial property in Brussels that includes specific provisions for historical preservation requirements and ongoing restoration works planned for March 2025."

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Document background
The Real Estate Disclosure Agreement (Real Estate) is a crucial document in Belgian property transactions, required whenever a property owner intends to sell or transfer real estate. This document is essential under Belgian law to ensure transparency and protect both parties' interests in property transactions. It includes mandatory disclosures about property condition, legal status, environmental factors, and financial obligations as required by the Belgian Civil Code and regional regulations. The agreement is particularly important given Belgium's strict property disclosure requirements and the potential legal consequences of failing to disclose material information. It should be used prior to finalizing any property sale to document all relevant information about the property and protect against future disputes regarding disclosed information.
Suggested Sections

1. Parties: Identification of the seller/disclosing party and the potential buyer/receiving party

2. Background: Context of the disclosure, including property identification and purpose of disclosure

3. Definitions: Key terms used throughout the agreement, including property-specific and legal terminology

4. Property Information: Basic details about the property including address, cadastral references, and general description

5. Seller's Representations: Mandatory disclosures about the property's condition, history, and known issues

6. Property Condition Disclosures: Detailed information about structural conditions, repairs, and maintenance history

7. Legal and Administrative Status: Information about permits, certificates, and compliance with regulations

8. Environmental Disclosures: Environmental conditions, risks, and compliance matters

9. Financial Disclosures: Information about property charges, taxes, and other financial obligations

10. Confidentiality Obligations: Terms governing the use and protection of disclosed information

11. Duration and Termination: Period of validity and circumstances for termination

12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Historical Monument Status: Required when property has protected status or historical significance

2. Tenant Rights: Include when property is currently leased or has existing tenancy agreements

3. Neighborhood Development: Optional section for known future developments in the vicinity

4. Insurance History: Include when there is significant insurance claim history

5. Building Management: Required for apartments or properties in collective management

6. Agricultural Rights: Include for properties with agricultural designation or rights

7. Rights of First Refusal: Required when such rights exist for neighboring properties or authorities

Suggested Schedules

1. Property Plans and Drawings: Official plans, blueprints, and property boundaries

2. Energy Performance Certificate: Mandatory energy performance documentation

3. Property Tax Statements: Recent property tax assessments and payments

4. Environmental Reports: Soil certificates and environmental assessment reports

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

6. Technical Installations Report: Documentation of heating, electrical, and other technical systems

7. Photographic Documentation: Current photographs of property condition and features

8. Urban Planning Certificates: Relevant urban planning documentation and 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property
Disclosing Party
Receiving Party
Disclosure Period
Effective Date
Material Facts
Property Documents
Cadastral Information
Energy Performance Certificate
Environmental Reports
Latent Defects
Apparent Defects
Urban Planning Certificates
Building Permits
Property Charges
Easements
Technical Installations
Common Areas
Private Areas
Protected Elements
Soil Certificate
Zoning Requirements
Pre-emption Rights
Property Title
Notarial Deed
Mandatory Disclosures
Confidential Information
Professional Advisors
Permitted Use
Building Code
Regional Regulations
Housing Code
Environmental Regulations
Historical Monument Status
Property Management Rules
Technical Report
Compliance Certificate
Urban Development Plans
Transfer Date
Clauses
Parties and Property Identification
Disclosure Obligations
Property Condition
Legal Status
Environmental Compliance
Urban Planning
Financial Obligations
Technical Specifications
Confidentiality
Representations and Warranties
Building Compliance
Historical Status
Insurance
Property Rights
Easements and Restrictions
Property Management
Energy Performance
Soil Condition
Administrative Permits
Tax Status
Tenant Rights
Utilities and Services
Property Access
Limitation of Liability
Duration and Termination
Governing Law
Dispute Resolution
Notices
Assignment
Entire Agreement
Severability
Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Environmental Services

Property Management

Urban Planning

Architecture

Banking and Finance

Insurance

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Environmental

Due Diligence

Sales

Operations

Documentation

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Notary

Property Developer

Environmental Compliance Officer

Real Estate Investment Manager

Property Valuation Specialist

Construction Manager

Urban Planning Consultant

Real Estate Transaction Coordinator

Risk Management Officer

Industries
Belgian Civil Code (Articles 1582-1701): Core legislation governing sale agreements and property transactions, including obligations for disclosure of material information
Regional Housing Code (Brussels/Wallonia/Flanders): Regional regulations specifying mandatory disclosures about property condition, energy performance, and environmental factors
Belgian Property Law of 1851: Fundamental law governing real estate transactions and property rights in Belgium
GDPR and Belgian Privacy Act: Regulations governing the handling and protection of personal data exchanged during real estate transactions
Belgian Consumer Protection Act: Law protecting consumer rights in real estate transactions, including requirements for clear and accurate information
Environmental Decree: Legislation requiring disclosure of environmental information, soil conditions, and potential contamination
Energy Performance of Buildings Directive (Belgian implementation): Requirements for disclosure of energy performance certificates and related information
Urban Planning Code: Regulations regarding zoning, permits, and urban development restrictions that must be disclosed
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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