The For Sale By Owner Home Purchase Contract is designed for use in Belgium when private individuals wish to conduct a residential property sale without the intermediary services of a real estate agent. This document adheres to Belgian federal law requirements and incorporates all necessary elements for a valid property transfer, including detailed property descriptions, price and payment terms, conditions precedent, and warranties. It's particularly relevant in situations where parties seek to reduce transaction costs while maintaining legal compliance. The contract must be executed in accordance with Belgian Civil Code requirements and subsequent notarial deed registration. It includes provisions for property inspection, technical certifications, and environmental compliance, while accommodating regional requirements where applicable.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and identification numbers
2. Background: Context of the sale and confirmation that the seller is the rightful owner of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, cadastral details, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Structure: Details of how and when payments will be made, including escrow arrangements
7. Conditions Precedent: Conditions that must be met before the sale can proceed, including financing and inspection requirements
8. Property Transfer: Terms and timing of the property transfer, including notarial deed requirements
9. Seller's Representations and Warranties: Seller's declarations about the property's condition, encumbrances, and compliance with laws
10. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and understanding of the purchase
11. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes between parties
12. Default and Remedies: Consequences of breach by either party and available remedies
13. Signatures: Execution block for all parties and witnesses
1. Mortgage Contingency: To be included when the purchase is contingent on the buyer obtaining mortgage financing
2. Property Inspection: Detailed terms for property inspection rights when buyer requires specific inspection conditions
3. Rental Situation: Include when the property is currently rented and details of existing tenancy need to be addressed
4. Co-ownership Provisions: Required for apartments or properties part of a co-ownership structure
5. Renovation or Construction Requirements: Include when specific works are required or planned post-purchase
6. Environmental Conditions: Special provisions regarding environmental issues like soil contamination
7. Parking and Storage: Details of parking spaces or storage units when included in the sale
8. Language Requirements: Required in bilingual regions where documentation needs to be in multiple languages
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory energy performance assessment documentation
3. Property Photographs: Documented condition of the property at time of sale
4. Inventory of Included Items: List of fixtures, fittings, and other items included in the sale
5. Land Registry Extract: Recent extract from the land registry confirming ownership and encumbrances
6. Soil Certificate: Required environmental soil quality certification
7. Urban Planning Certificates: Certificates regarding zoning and permitted use of the property
8. Co-ownership Documents: Relevant documents if property is part of a co-ownership structure
9. Technical Installations Certificates: Certificates for electrical, gas, and other technical installations
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