The Apartment Sale Agreement is a crucial legal document used in Belgian real estate transactions for the transfer of apartment ownership. It serves as the foundational contract between seller and buyer, outlining all essential terms and conditions of the sale while ensuring compliance with Belgian civil law and regional regulations. This document is mandatory for any apartment sale in Belgium and must be executed before a notary public, as required by Belgian law. The agreement encompasses property details, financial terms, co-ownership aspects, and all necessary certificates and permits. It is designed to protect both parties' interests while meeting strict Belgian legal requirements for property transfers, including mandatory energy performance assessments, soil certificates, and urban planning compliance. The document is particularly important given Belgium's complex property laws and the specific requirements for apartment sales involving co-ownership structures.
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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 description of the property being transferred
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the apartment, including cadastral details, size, floor, and building details
5. Sale Price and Payment Terms: Purchase price, payment schedule, and deposit requirements
6. Common Areas and Co-ownership: Description of common areas, share in co-ownership, and associated rights and obligations
7. Warranties and Representations: Seller's warranties regarding property title, absence of claims, and disclosed defects
8. Due Diligence: Buyer's investigation rights and seller's disclosure obligations
9. Notarial Deed: Requirements and timeline for executing the notarial deed
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Property Transfer: Conditions and timing of property possession and key handover
12. Risk Transfer: Transfer of risk and insurance obligations
13. Default and Remedies: Consequences of breach and available remedies
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Contingency: Conditions related to buyer's mortgage financing, used when buyer requires mortgage financing
2. Parking Space: Details of included parking space or garage, if applicable
3. Storage Unit: Details of storage unit or cellar, if included in sale
4. Renovation Works: Agreed renovation or modification works to be completed before or after sale
5. Tenant Rights: Current tenant situation and rights, if property is currently leased
6. Environmental Remediation: Requirements for environmental cleanup, if property has contamination issues
7. Furniture Inclusion: List of furniture or fixtures included in sale, if any
8. Pre-emptive Rights: Addressing any pre-emptive rights held by third parties
1. Property Plans: Detailed floor plans and measurements of the apartment
2. Energy Performance Certificate: Mandatory energy performance assessment document
3. Co-ownership Rules: Building's co-ownership regulations and rules
4. Recent Co-ownership Minutes: Minutes from recent co-ownership meetings
5. Soil Certificate: Mandatory soil quality certificate
6. Building Permits: Copies of relevant building permits and urban planning certificates
7. Technical Installations Report: Inspection reports for electrical, gas, and other technical installations
8. Property Photographs: Current photographs documenting property condition
9. Insurance Certificates: Building insurance documentation
10. Property Tax Statements: Recent property tax assessments and payments
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Property Management
Construction
Banking
Insurance
Property Development
Urban Planning
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Operations
Due Diligence
Risk Management
Client Services
Documentation
Relevant Roles
Real Estate Lawyer
Notary
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Real Estate Development Manager
Property Surveyor
Mortgage Advisor
Real Estate Transaction Coordinator
Due Diligence Specialist
Property Portfolio Manager
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