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Home Purchase Agreement Template for Belgium

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Home Purchase Agreement

"I need a Home Purchase Agreement for a property in Brussels that includes both French and Dutch versions, with specific provisions for a heritage-protected building and completion date set for March 15, 2025."

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What is a Home Purchase Agreement?

The Home Purchase Agreement serves as the primary legal instrument for residential property transactions in Belgium, requiring careful consideration of both federal and regional legal frameworks. This document is essential when transferring residential property ownership and must comply with the Belgian Civil Code, the Property Law Reform Act 2020, and various regional regulations. It typically follows the preliminary agreement (compromis de vente/verkoopcompromis) and precedes the notarial deed, incorporating mandatory certificates and disclosures, including energy performance, electrical installation, and soil certificates. The agreement must address specific Belgian requirements such as registration duties, notarial involvement, and regional variations in property regulations. It should be drafted to accommodate both Dutch and French language requirements in bilingual regions, while ensuring all mandatory disclosures and protections for both parties are included.

What sections should be included in a Home Purchase Agreement?

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

2. Background: Context of the sale and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including cadastral details, boundaries, and built area

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

6. Completion Date: Timeline for completion of the sale and transfer of ownership

7. Title and Ownership: Confirmation of seller's ownership rights and guarantee of clear title

8. Notarial Deed: Requirements and timeline for executing the notarial deed

9. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees

10. Property Condition: Current condition of the property and any known defects

11. Mandatory Certificates: Required certificates including EPC, electrical inspection, and soil certificate

12. Representations and Warranties: Standard warranties from both parties

13. Default and Remedies: Consequences of breach and available remedies

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

What sections are optional to include in a Home Purchase Agreement?

1. Mortgage Contingency: Conditional clause if buyer requires mortgage financing

2. Co-ownership Provisions: Required for apartments or properties with shared facilities

3. Rental Situation: Required if property is currently rented or has ongoing lease agreements

4. Planning Permissions: Required if property has ongoing building permits or violations

5. Environmental Provisions: Additional provisions for properties in environmental risk areas

6. Heritage Protection: Required for properties with protected status or historical value

7. Language Declaration: Required in bilingual regions to specify official translation requirements

What schedules should be included in a Home Purchase Agreement?

1. Property Plans: Cadastral plans and property measurements

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

3. Electrical Installation Certificate: Mandatory certificate of electrical compliance

4. Soil Certificate: Certificate regarding soil quality and contamination status

5. Property Photos: Documented condition of property at time of agreement

6. Inventory: List of included fixtures and fittings

7. Urban Planning Certificates: Relevant planning and zoning documentation

8. Co-ownership Documents: Recent co-ownership meeting minutes and charges (if applicable)

9. Technical Due Diligence Report: Professional survey or inspection report if commissioned

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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