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Real Estate Contract For Sale By Owner

Real Estate Contract For Sale By Owner Template for Belgium

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Key Requirements PROMPT example:

Real Estate Contract For Sale By Owner

"I need a Real Estate Contract For Sale By Owner for selling my detached house in Brussels, with completion planned for March 2025, including specific provisions for a solar panel installation that will be completed before the sale."

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Document background
The Real Estate Contract For Sale By Owner is a crucial legal instrument in Belgian property law, designed for property owners who choose to sell their real estate directly to buyers without engaging a real estate agent. This document is particularly relevant in Belgium's three regions (Brussels-Capital, Flanders, and Wallonia), where specific regional regulations complement federal law. It must comply with the Belgian Civil Code, regional housing codes, and various mandatory requirements including energy performance certificates, soil certificates, and urban planning documentation. The contract serves as a comprehensive agreement covering all aspects of the property transfer, from initial agreement to final completion, incorporating necessary safeguards for both parties while ensuring compliance with Belgian registration duties and tax regulations.
Suggested Sections

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

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, size, boundaries, and current use

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

6. Payment Structure: Detailed breakdown of payment schedule and method

7. Transfer of Ownership: Terms and timing of the transfer of legal ownership

8. Representations and Warranties: Seller's declarations about property condition, encumbrances, and legal status

9. Conditions Precedent: Conditions that must be met before completion, including financing and administrative requirements

10. Completion Process: Steps for closing the transaction, including notary appointment and document requirements

11. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes

12. Risk and Insurance: Transfer of risk and insurance requirements until completion

13. Default and Remedies: Consequences of breach by either party

14. Governing Law: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Mortgage Arrangements: Required if buyer is obtaining mortgage financing, detailing conditions and requirements

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

3. Rental Situation: Required if property is currently tenanted, detailing existing lease arrangements

4. Renovation Agreements: Required if specific works are agreed to be completed before or after sale

5. Environmental Provisions: Required for properties with specific environmental concerns or requirements

6. Agricultural Provisions: Required for properties with agricultural land or farming rights

7. Heritage Protection: Required for listed buildings or properties in protected areas

Suggested Schedules

1. Property Plans: Cadastral plans and property measurements

2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating

3. Soil Certificate: Mandatory soil quality certificate from regional authorities

4. Urban Planning Certificates: Zoning and planning permissions documentation

5. Property Photographs: Current dated photographs of the property

6. Inventory: List of included fixtures and fittings

7. Technical Installations: Certificates for electrical, gas, and water installations

8. Building Permits: Copies of relevant building permits and regularization certificates

9. Co-ownership Documents: Recent minutes of co-owners' meetings and building regulations if applicable

10. Property Tax Records: Recent property tax assessments and payments

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
Cadastral Reference
Purchase Price
Deposit
Completion Date
Completion
Transfer Date
Deed of Sale
Notarial Act
Parties
Seller
Buyer
Business Day
Registration Duties
Energy Performance Certificate
Soil Certificate
Urban Planning Certificate
Encumbrances
Title Deed
Common Parts
Private Parts
Co-ownership
Building Regulations
Easements
Force Majeure
Material Breach
Notary
Property Rights
Transfer of Ownership
Utilities
Fixtures and Fittings
Technical Installations
Mortgage
Liens
Planning Permission
Environmental Regulations
Pre-emption Rights
Registration Requirements
Completion Statement
Default Notice
Governing Law
Jurisdiction
Property Charges
Building Permit
Regulatory Compliance
Insurance Coverage
Settlement Date
Due Diligence Period
Clauses
Interpretation
Sale and Purchase
Property Description
Price and Payment
Deposit
Title and Ownership
Representations and Warranties
Conditions Precedent
Due Diligence
Completion
Risk and Insurance
Property Transfer
Regulatory Compliance
Environmental Compliance
Urban Planning
Registration Requirements
Tax Obligations
Utilities and Services
Property Condition
Encumbrances
Co-ownership
Default and Remedies
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Costs and Expenses
Further Assurance
Survival
Relevant Industries

Real Estate

Banking & Finance

Legal Services

Construction

Property Development

Insurance

Urban Planning

Environmental Services

Property Management

Agriculture

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Tax

Compliance

Property Management

Asset Management

Risk Management

Corporate Services

Relevant Roles

Property Owner

Legal Counsel

Notary

Property Manager

Facilities Manager

Real Estate Developer

Investment Manager

Corporate Counsel

Tax Advisor

Urban Planning Officer

Environmental Compliance Officer

Property Surveyor

Mortgage Advisor

Business Owner

Chief Financial Officer

Asset Manager

Industries
Belgian Civil Code (Articles 1582-1701): Core legislation governing sales contracts, including specific provisions for real estate transactions, obligations of buyers and sellers, and transfer of property rights
Registration Duties Code: Legislation governing the mandatory registration of real estate transactions and associated taxes and duties
Regional Housing Codes: Specific regulations for each Belgian region (Brussels-Capital, Flanders, Wallonia) regarding housing standards and property transfers
Energy Performance of Buildings Decree: Requirements for energy performance certificates (EPC) that must be provided when selling property
Soil Decree: Regulations regarding soil quality certificates required for property transfers, particularly relevant in urban areas
Urban Planning Code: Regulations concerning property zoning, permitted use, and building restrictions that must be disclosed in the sale
Anti-Money Laundering Law: Legislation requiring verification of the origin of funds in real estate transactions
Consumer Protection Act: Laws protecting private buyers in real estate transactions, including requirements for information disclosure
Property Co-Ownership Law: Specific regulations governing the sale of apartments or properties with shared areas
Mortgage Law: Legislation governing property liens, mortgages, and other security interests that may affect the sale
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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