The House Purchase Contract is a fundamental legal document used in Belgian residential property transactions, essential for both private and commercial property transfers. It must comply with strict Belgian federal and regional requirements, including mandatory notarial involvement and specific documentation such as energy performance certificates and soil certificates. This contract type is required whenever residential property ownership is transferred in Belgium, serving as the preliminary agreement (compromis de vente/verkoopcompromis) before the final notarial deed. It includes crucial elements such as property description, price, payment terms, conditions precedent, and specific Belgian legal warranties. The document must address regional variations in property law across Brussels, Flanders, and Wallonia, while ensuring compliance with federal regulations.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, size, boundaries, and exact address
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. Notarial Deed: Provisions regarding the execution of the final notarial deed and timeline
8. Representations and Warranties: Seller's declarations about the property's condition, encumbrances, and legal status
9. Property Transfer: Terms of actual property transfer, including keys handover and possession date
10. Costs and Taxes: Allocation of transaction costs, registration duties, and notary fees
11. Due Diligence: Buyer's inspection rights and seller's obligation to provide documentation
12. Conditions Precedent: Conditions that must be met before the sale can proceed
13. Default and Remedies: Consequences of breach by either party
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Mortgage Contingency: To be included when the purchase is dependent on the buyer obtaining mortgage financing
2. Renovation Agreement: Used when specific renovations are agreed to be completed before or after the sale
3. Rental Situation: Required when the property is currently rented and includes provisions about existing tenants
4. Co-ownership Provisions: Necessary for apartments or properties with shared facilities
5. Environmental Provisions: Enhanced provisions when there are specific environmental concerns or requirements
6. Urban Planning Conditions: Additional provisions when specific urban planning permits or changes are pending
7. Furniture and Fixtures: When specific items of furniture or fixtures are included in the sale
8. Language Provisions: Required in bilingual regions where the contract needs to be in multiple languages
1. Property Plans: Cadastral plans and property measurements
2. Energy Performance Certificate: Mandatory EPC documentation
3. Soil Certificate: Required certification regarding soil quality and contamination
4. Urban Planning Certificates: Certificates regarding zoning and planning permissions
5. Property Title: Copy of existing property title and registration details
6. Technical Installations Report: Reports on electrical, gas, and other technical installations
7. Photographic Inventory: Current photographs documenting the property's condition
8. Co-ownership Documents: If applicable, documents relating to building management and common areas
9. Insurance Certificates: Current building insurance documentation
10. Payment Schedule: Detailed breakdown of payment terms and deadlines
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