The Real Estate Purchase Agreement is a fundamental document used in Belgian property transactions to formalize the transfer of real estate between parties. It serves as the primary contract document that precedes the mandatory notarial deed and must comply with both federal Belgian law and specific regional requirements (Flanders, Wallonia, or Brussels-Capital). This document is essential when any party wishes to purchase or sell real property in Belgium, whether for residential, commercial, or industrial purposes. It must include various mandatory certificates and declarations required by Belgian law, such as energy performance certificates, soil certificates, and urban planning documentation. The agreement typically forms the basis for the subsequent notarial deed and must be structured to ensure it meets all legal requirements for property transfer in Belgium, including specific provisions for property description, price, payment terms, and various warranties required under Belgian law.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers as required by Belgian law
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Property Description: Detailed description of the property including cadastral details, boundaries, and surface area as per official records
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and financing arrangements
6. Transfer of Ownership: Conditions and timing of the transfer of ownership, including the requirement for notarial deed
7. Representations and Warranties: Seller's declarations regarding property condition, hidden defects, and compliance with regulations
8. Pre-Completion Obligations: Obligations of both parties before the notarial deed, including obtaining certificates and clearances
9. Completion: Process and requirements for completion, including notarial deed execution and registration
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Risk and Insurance: Transfer of risk and insurance obligations until completion
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Mortgage Release: Required when the property has existing mortgages that need to be discharged
2. Tenant Rights: Needed when the property is currently leased or has sitting tenants
3. Construction Provisions: Required for properties under construction or requiring significant renovation
4. Co-ownership Provisions: Necessary for apartments or properties in co-ownership structures
5. Environmental Remediation: Required when soil contamination or environmental issues are present
6. Agricultural Provisions: Needed for properties with agricultural land or farming rights
7. Monument Protection: Required for properties with protected status or historical significance
8. Urban Development Conditions: Needed when specific urban planning conditions affect the property
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Official soil quality certificate from regional authorities
4. Urban Planning Certificates: Certificates regarding zoning and building permissions
5. Property Condition Report: Detailed report on the current condition of the property
6. Title Documents: Copies of relevant title documents and property history
7. Co-ownership Documents: Relevant documents for properties in co-ownership structures
8. Technical Installations Certificates: Certificates for electrical, gas, and water installations
9. Asbestos Inventory: Required for properties built before 2001
10. Property Tax Statements: Recent property tax assessments and payments
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Construction
Property Development
Hospitality
Retail
Manufacturing
Agriculture
Healthcare
Education
Professional Services
Logistics & Warehousing
Technology
Energy
Relevant Teams
Legal
Real Estate
Finance
Compliance
Tax
Operations
Facilities Management
Risk Management
Business Development
Property Management
Investment
Corporate Development
Relevant Roles
Real Estate Manager
Property Developer
Legal Counsel
Notary
Real Estate Agent
Facilities Manager
Chief Financial Officer
Investment Manager
Property Manager
Compliance Officer
Tax Advisor
Corporate Counsel
Business Development Manager
Operations Director
Risk Manager
Asset Manager
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