The Real Estate Contract For Sale By Owner is a crucial legal instrument in Belgian property law, designed for property owners who choose to sell their real estate directly to buyers without engaging a real estate agent. This document is particularly relevant in Belgium's three regions (Brussels-Capital, Flanders, and Wallonia), where specific regional regulations complement federal law. It must comply with the Belgian Civil Code, regional housing codes, and various mandatory requirements including energy performance certificates, soil certificates, and urban planning documentation. The contract serves as a comprehensive agreement covering all aspects of the property transfer, from initial agreement to final completion, incorporating necessary safeguards for both parties while ensuring compliance with Belgian registration duties and tax regulations.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, national numbers, current addresses, and marital status
2. Background: Context of the sale and brief property history
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, boundaries, and current use
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Structure: Detailed breakdown of payment schedule and method
7. Transfer of Ownership: Terms and timing of the transfer of legal ownership
8. Representations and Warranties: Seller's declarations about property condition, encumbrances, and legal status
9. Conditions Precedent: Conditions that must be met before completion, including financing and administrative requirements
10. Completion Process: Steps for closing the transaction, including notary appointment and document requirements
11. Costs and Taxes: Allocation of transaction costs, registration duties, and taxes
12. Risk and Insurance: Transfer of risk and insurance requirements until completion
13. Default and Remedies: Consequences of breach by either party
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Arrangements: Required if buyer is obtaining mortgage financing, detailing conditions and requirements
2. Co-ownership Provisions: Required for apartments or properties with shared areas, detailing common charges and regulations
3. Rental Situation: Required if property is currently tenanted, detailing existing lease arrangements
4. Renovation Agreements: Required if specific works are agreed to be completed before or after sale
5. Environmental Provisions: Required for properties with specific environmental concerns or requirements
6. Agricultural Provisions: Required for properties with agricultural land or farming rights
7. Heritage Protection: Required for listed buildings or properties in protected areas
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC certificate showing energy efficiency rating
3. Soil Certificate: Mandatory soil quality certificate from regional authorities
4. Urban Planning Certificates: Zoning and planning permissions documentation
5. Property Photographs: Current dated photographs of the property
6. Inventory: List of included fixtures and fittings
7. Technical Installations: Certificates for electrical, gas, and water installations
8. Building Permits: Copies of relevant building permits and regularization certificates
9. Co-ownership Documents: Recent minutes of co-owners' meetings and building regulations if applicable
10. Property Tax Records: Recent property tax assessments and payments
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