The Pre-Sale Agreement is a crucial document in Belgian property transactions, serving as the primary binding agreement between buyer and seller before the final deed of sale. It is typically used when parties have reached initial agreement on property sale terms but need time to fulfill various conditions, such as obtaining mortgage approval or completing due diligence. The document must comply with federal Belgian law and regional regulations (Flanders, Wallonia, or Brussels-Capital), including specific requirements for property descriptions, energy performance certificates, and soil certificates. This agreement creates legally binding obligations, with significant consequences for non-compliance, making it essential to include all mandatory elements and appropriate protections for both parties.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal details as required by Belgian law
2. Background: Context of the transaction and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, boundaries, and built area as per land registry
5. Purchase Price: Agreed purchase price, deposit amount, and payment structure
6. Deposit Terms: Details of the deposit amount, payment timing, and escrow arrangements
7. Conditions Precedent: Mandatory conditions that must be met before final sale, including financing and administrative requirements
8. Timeframe: Timeline for the final deed execution and consequences of delays
9. Property Status: Current state of the property, including occupancy status and any existing tenancies
10. Seller's Warranties: Warranties regarding property ownership, absence of disputes, and disclosed encumbrances
11. Buyer's Commitments: Buyer's obligations and confirmations regarding financing and intended use
12. Default Provisions: Consequences of breach by either party
13. Execution of Final Deed: Process and requirements for executing the final deed of sale
14. Governing Law: Confirmation of Belgian law application and jurisdiction
15. Signatures: Execution blocks for all parties and witnesses
1. Environmental Conditions: Required when the property has known environmental issues or requires specific soil certificates
2. Urban Planning Status: Needed when property is subject to specific zoning requirements or development restrictions
3. Construction Provisions: Required when property is under construction or requires renovation (Breyne Act provisions)
4. Mortgage Arrangements: Include when buyer requires mortgage financing as a condition
5. Co-ownership Provisions: Required for apartments or properties with shared facilities
6. Language Provisions: Required in bilingual regions or when parties speak different official Belgian languages
7. Special Tax Considerations: Include when specific tax regimes or exemptions apply
8. Asbestos Clause: Required for properties built before 2001
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory energy performance assessment results
3. Property Photographs: Current dated photographs of the property condition
4. Soil Certificate: Required environmental soil quality certification
5. Urban Planning Certificates: Relevant urban planning permissions and certificates
6. Technical Reports: Any specialist reports on property condition
7. Insurance Certificates: Current property insurance documentation
8. Co-ownership Documents: Relevant documents if property is part of a co-ownership structure
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Banking and Finance
Legal Services
Property Development
Housing and Residential
Commercial Property
Urban Development
Property Investment
Insurance
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Investment
Operations
Risk Management
Finance
Sales
Business Development
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Legal Counsel
Compliance Officer
Property Developer
Investment Manager
Real Estate Investment Advisor
Contract Manager
Transaction Manager
Property Surveyor
Mortgage Advisor
Real Estate Portfolio Manager
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