The Private Sales Agreement For House (Compromis de Vente/Verkoopcompromis) is a crucial document in Belgian real estate transactions, serving as the initial binding agreement between parties before the final notarial deed. This document is typically used when private individuals or entities wish to sell or purchase residential property in Belgium, marking the first formal step in the property transfer process. It must comply with Belgian Civil Code requirements, regional housing regulations, and include mandatory certificates and declarations. The agreement captures essential elements such as property description, price, payment terms, conditions precedent, and warranties, while incorporating specific Belgian legal requirements like energy performance certificates and soil certificates. This document forms the basis for the subsequent notarial deed and is legally binding on both parties, subject to any conditions precedent being fulfilled.
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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 history of the property ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, boundaries, and included fixtures and fittings
5. Purchase Price: Agreed purchase price, payment structure, and deposit arrangements
6. Payment Terms: Detailed payment schedule, method of payment, and bank account details
7. Completion Date: Specified date for completion of the sale and transfer of ownership
8. Property Transfer: Terms and conditions for the transfer of property ownership and possession
9. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and property condition
10. Buyer's Warranties: Warranties regarding financial capacity and compliance with anti-money laundering requirements
11. Property Condition: Current state of the property and any known defects or issues
12. Pre-Completion Obligations: Responsibilities of both parties before completion, including maintenance and insurance
13. Costs and Taxes: Allocation of transaction costs, registration duties, and other taxes
14. Default and Remedies: Consequences of breach and available remedies for either party
15. Governing Law: Confirmation of Belgian law as governing law and jurisdiction
16. Execution: Signature blocks and execution requirements
1. Mortgage Arrangements: Required if buyer is obtaining mortgage financing, detailing loan conditions and requirements
2. Tenant Provisions: Required if property is currently tenanted, addressing existing lease agreements and tenant rights
3. Renovation Agreement: Include when specific renovations are agreed to be completed before or after sale
4. Furniture and Fittings: Required if sale includes specific furniture or removable fittings
5. Planning Permissions: Include when property has ongoing or pending planning applications
6. Environmental Conditions: Required if property has specific environmental issues or requirements
7. Parking Rights: Include when separate parking rights or facilities are part of the sale
8. Easements: Required if property has specific easements or rights of way
9. Co-ownership Provisions: Required for apartments or properties with shared facilities
1. Property Plan: Detailed plan showing property boundaries and layout
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Mandatory certificate regarding soil quality and contamination status
4. Urban Planning Certificates: Certificates showing compliance with urban planning regulations
5. Property Photos: Dated photographs documenting property condition at time of sale
6. Inventory: Detailed list of included fixtures, fittings, and furniture if applicable
7. Technical Installations: Certificates and documentation for heating, electrical, and other technical installations
8. Insurance Certificates: Current property insurance documentation
9. Co-ownership Documents: Relevant documents if property is part of a co-ownership structure
Relevant legal definitions
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Relevant Industries
Real Estate
Legal Services
Banking & Finance
Property Development
Construction
Insurance
Property Management
Environmental Services
Professional Services
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Sales
Documentation
Corporate Services
Investment
Operations
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Legal Counsel
Property Manager
Mortgage Advisor
Real Estate Developer
Property Surveyor
Compliance Officer
Real Estate Investment Manager
Legal Administrator
Property Transaction Coordinator
Real Estate Portfolio Manager
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