Buying a house

Usually, buying/selling a house will take place with the intervention of a real estate agent. But of course, it can also be the case that seller and buyer come to an agreement together, without an estate agent being involved. In the case of an immovable property other than a house, a written agreement should be drawn up. In the case of an immovable property other than a home, for example of a garage or business premises, then the purchase agreement is already established when the parties have come to an agreement together.

With such other real estate, it is therefore important for the buyer, when making an offer, to make clear what conditions he or she wishes to impose: an architectural inspection, a resolutive condition for financing, rental guarantees and the like. When buying a house, these are also important issues, but then there is more opportunity to agree these prior to signing the purchase agreement.

Such a purchase agreement is also sometimes referred to as a provisional sales contract. However, there is little provisional about it, so get good advice when closing the sale. It is important to realise that the seller's estate agent, in principle, only thinks of the seller's interests.

As a buyer, it is important to know whether you are buying full ownership, a leasehold right, flat right or building rights and what the consequences are of the conditions that apply. For example, there may be provisions on the property that are very onerous for a buyer.
As a buyer, it is also important to know what guarantees the seller gives. For example, is there a non-occupancy clause and/or an age clause? What about the foundations or is there any soil pollution?

We can draft the purchase agreement for you. Because of our extensive knowledge of real estate law and related tax issues, we can advise you on the conclusion of the sale. We normally keep the interests of both the seller and the buyer in mind. If required, we can act as party advisor, i.e. in the interests of only one of the parties.

For more information on guiding and drawing up a purchase agreement, please contact us. We will be happy to advise you.