The Offer To Purchase Real Estate Form is a crucial document in Belgian property transactions, serving as the formal initiation of a property purchase process. It is typically used when a potential buyer has identified a property of interest and wishes to make a legally binding offer to purchase. The document must comply with Belgian federal legislation, including the Civil Code and Property Law Reform Act of 2020, as well as specific regional requirements depending on whether the property is located in Flanders, Wallonia, or the Brussels-Capital region. The form includes mandatory elements such as party identification, property details, purchase price, validity period, and various certificates required by Belgian law. It also addresses contingencies such as mortgage financing, property surveys, and compliance with urban planning regulations. This document forms the basis for the subsequent notarial deed if the offer is accepted.
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1. Identification of Parties: Full legal names, addresses, and identification numbers of both the potential buyer (offeror) and property owner (offeree)
2. Property Description: Detailed description of the property including address, cadastral details, size, and current usage as registered in land registry
3. Purchase Price: The offered purchase price in euros, payment terms, and any conditions related to financing
4. Deposit Terms: Amount of deposit to be paid, when it must be paid, and how it will be held
5. Duration of Offer: The period for which the offer remains valid and binding
6. Condition of Property: Statement regarding the current condition of the property and any known defects
7. Closing Date: Proposed date for the final deed transfer before the notary
8. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
9. Legal Compliance: Confirmation of compliance with Belgian property laws and regulations
1. Mortgage Contingency: Include when the offer is contingent on the buyer obtaining mortgage financing, specifying terms and deadline
2. Property Survey Contingency: Include when a professional property survey is required before proceeding
3. Sale of Existing Property: Include when the offer is contingent on the buyer selling their current property
4. Occupancy Terms: Include when there are current tenants or specific move-in date requirements
5. Renovation Permission: Include when buyer plans specific renovations that need prior verification of feasibility
6. Co-ownership Provisions: Include for apartments or properties with shared facilities, addressing common charges and regulations
1. Property Plans: Official cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC document showing energy efficiency rating
3. Soil Certificate: Required certificate regarding soil quality and potential contamination
4. Urban Planning Certificates: Documents showing zoning and permitted use of the property
5. Property Photos: Recent photographs documenting current condition of the property
6. Inventory of Included Items: List of fixtures, fittings, and other items included in the sale
7. Recent Property Tax Assessment: Copy of most recent property tax documentation
8. Co-ownership Documents: If applicable, recent general assembly minutes and co-ownership rules
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