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A Memorandum of Sale captures the key details of a property transaction in Belgium, creating a written record when buyer and seller reach initial agreement. It outlines essential terms like the purchase price, property description, and any special conditions, serving as a crucial step before the final notarial deed.

While not legally binding in Belgian law, this document helps prevent misunderstandings and guides notaries in preparing the final sale agreement. Belgian real estate agents often prepare these memoranda to document preliminary agreements, particularly for residential sales where the three-month cooling-off period applies.

Use a Memorandum of Sale right after reaching verbal agreement on a property purchase in Belgium, but before meeting with the notary. This document proves especially valuable when dealing with complex properties or negotiations involving multiple parties, as it clearly records all agreed terms and conditions.

Belgian real estate professionals typically prepare this memorandum during the initial agreement phase, particularly for residential sales above €250,000. It helps prevent future disputes by documenting specific details like payment schedules, included fixtures, and any conditional terms - crucial information the notary needs for the final deed.

• Basic Residential Memorandum: Used for standard home sales, focusing on property details, price, and basic conditions
• Commercial Property Memorandum: Includes additional clauses for business properties, lease agreements, and commercial terms
• New Construction Memorandum: Specially adapted for off-plan purchases, with staged payments and construction milestones
• Investment Property Memorandum: Features sections on rental income, management agreements, and existing tenant details
• Agricultural Land Memorandum: Contains specific provisions for farming rights, land use restrictions, and environmental considerations

• Real Estate Agents: Usually draft the initial Memorandum of Sale and coordinate between parties
• Property Sellers: Review and sign the memorandum to confirm their acceptance of sale terms
• Property Buyers: Review, negotiate, and sign the document to formalize their purchase intent
• Notaries: Use the memorandum as reference when preparing the final deed of sale
• Property Lawyers: Review terms, advise clients, and ensure compliance with Belgian property law
• Mortgage Lenders: Reference the document when processing property financing requests

• Property Details: Gather complete property description, cadastral details, and energy performance certificate
• Party Information: Collect full legal names, addresses, and identification numbers of buyers and sellers
• Financial Terms: Document agreed price, payment schedule, and deposit arrangements
• Special Conditions: Note any specific requirements, included fixtures, or pending repairs
• Timing Elements: Specify key dates for deposit, final payment, and property transfer
• Supporting Documents: Attach property plans, permits, and relevant certificates
• Review Process: Check all details against official property registry records

• Identification Section: Full legal names and details of all parties, including national registry numbers
• Property Description: Precise cadastral references, address, and property boundaries
• Purchase Terms: Agreed price, payment method, and deposit requirements
• Special Conditions: Any suspensive or resolutive conditions affecting the sale
• Timing Clauses: Key dates for deposit, final deed, and property transfer
• Property Status: Current mortgages, easements, and urban planning details
• Signatures: Dated signatures of all parties, with witness attestation if required
• Cooling-off Notice: Mandatory three-month reflection period for residential sales

A Memorandum of Sale differs significantly from a Deed of Sale in Belgian property transactions. While both documents relate to property transfers, they serve distinct purposes and carry different legal weights.

• Legal Status: A Memorandum of Sale is a preliminary document recording initial agreement terms, while a Deed of Sale is the final, legally binding notarial document that transfers ownership
• Timing: The Memorandum comes first, documenting the agreed terms before notarial involvement, whereas the Deed represents the formal completion of the sale
• Content Detail: Memoranda contain basic sale terms and conditions, while Deeds include comprehensive legal provisions, property history, and precise notarial language
• Official Requirements: Deeds must be executed before a Belgian notary and registered with property authorities; Memoranda have no such formal requirements