The Agreement To Sell Real Estate Contract is a crucial document in Belgian property transactions, required whenever real estate ownership is transferred between parties. This document type is governed by Belgian law and must conform to both federal and regional regulations, including the reformed Belgian Civil Code of 2020. It serves as the initial binding agreement between parties before the mandatory notarial deed, capturing all essential elements of the transaction such as property details, price, conditions, and regulatory compliance requirements. The agreement must include specific certificates and declarations required by Belgian law, such as energy performance certificates, soil certificates, and urban planning documentation. This document type is particularly important as it creates binding obligations for both parties and typically includes a deposit payment requirement, making it a crucial step in the property transfer process.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details including national numbers
2. Background: Context of the sale and confirmation that the seller is the rightful owner
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, and boundaries
5. Purchase Price: Agreed purchase price, payment structure, and deposit arrangements
6. Conditions Precedent: Conditions that must be met before the sale becomes final, including mortgage approval if applicable
7. Completion: Details of the notarial deed execution process and timeline
8. Seller's Warranties: Warranties regarding property ownership, absence of disputes, and compliance with regulations
9. Property Condition: Statement on the condition of the property and any known defects
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Tenant Rights: Required if the property is currently leased, detailing existing tenancy arrangements
2. Mortgage Release: Required if there are existing mortgages to be discharged
3. Construction Provisions: Required for properties under construction or requiring specific works before completion
4. Co-ownership Provisions: Required for apartments or properties with shared facilities
5. Environmental Provisions: Required if there are specific environmental concerns or remediation requirements
6. Urban Planning Conditions: Required if there are pending urban planning changes or restrictions
7. Language Provisions: Required in bilingual regions to address language requirements
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory energy performance assessment
3. Soil Certificate: Required certificate regarding soil quality and pollution status
4. Urban Planning Certificates: Certificates regarding zoning and building permissions
5. Inventory of Fixtures: Detailed description of property condition and included fixtures
6. Technical Installations Certificates: Certificates for electrical, gas, and other technical installations
7. Co-ownership Documents: If applicable, recent co-ownership meeting minutes and regulations
8. Property Title History: 30-year title history as required by Belgian law
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking and Finance
Legal Services
Insurance
Retail
Hospitality
Manufacturing
Healthcare
Education
Professional Services
Relevant Teams
Legal
Real Estate
Compliance
Finance
Risk Management
Operations
Business Development
Facilities Management
Corporate Services
Property Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Notary
Corporate Lawyer
Real Estate Development Manager
Investment Manager
Facilities Manager
Property Surveyor
Transaction Manager
Risk Manager
Contract Administrator
Business Development Manager
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