The House Purchase Agreement Form is a fundamental legal document used in Belgian real estate transactions to formalize the sale and purchase of residential properties. This document is essential when transferring property ownership in Belgium and must comply with specific requirements under Belgian civil law and regional regulations. The agreement includes mandatory elements such as party identification, property details, purchase price, completion mechanics, and various certificates required by Belgian legislation. It serves as the primary contract between seller and buyer, requiring notarial authentication as per Belgian law. The document typically precedes the final notarial deed and includes provisions for all necessary due diligence, certificates, and declarations required under Belgian property law.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, marital status, and current addresses
2. Background: Context of the sale, including brief property history and current ownership status
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Description: Detailed description of the property including cadastral details, precise address, and size as per land registry
5. Purchase Price: The agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Completion Mechanics: Process and requirements for completion, including notary appointment and timing requirements
7. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, building compliance, and other legal guarantees
8. Property Condition: Current state of the property, known defects, and as-is provisions
9. Pre-Completion Obligations: Obligations of both parties before completion, including maintenance requirements and access arrangements
10. Transfer of Risk: Provisions regarding when risk transfers from seller to buyer
11. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
12. Default Provisions: Consequences of default by either party and available remedies
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
1. Mortgage Arrangements: Include when buyer requires mortgage financing, detailing conditions and timelines
2. Tenant Provisions: Include when property is currently tenanted, addressing tenant rights and notice requirements
3. Construction Warranties: Include for newer properties still under builder's warranty or when recent major works have been completed
4. Environmental Provisions: Include when property is in an environmentally sensitive area or has known environmental issues
5. Planning Permissions: Include when property has ongoing planning applications or recent modifications requiring regularization
6. Furniture and Fittings: Include when sale includes specific furniture or fittings beyond standard fixtures
1. Property Plan: Cadastral plan and property boundaries
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Mandatory soil pollution status certificate from regional authorities
4. Urban Planning Certificate: Certificate showing zoning and planning status
5. Property Photographs: Dated photographs documenting current condition
6. Inventory of Included Items: Detailed list of fixtures, fittings, and other items included in sale
7. Building Permits: Copies of relevant building permits and certificates
8. Technical Installations Certificates: Certificates for electrical, gas, and water installations
9. Insurance Certificates: Current building insurance documentation
10. Property Tax Statements: Recent property tax assessments and payments
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