Offer and sale agreement (compromis) in Belgium

The offer: already a commitment

An offer is binding when it sets out at least the property and the price (notaire.be FAQ). The asking price in an advertisement is not an offer. The seller may accept, refuse or counter-propose; a counter-proposal makes your offer lapse. If the seller accepts without reservations you can no longer withdraw, unless both sides agree to end it.

be.brussels lists what an offer should contain: the buyer’s name, the property address, the price, a validity period, any reservations, suspensive conditions such as bank loan approval, a signature and a date. Without an end date the offer stays valid until the property is sold, so notaire.be recommends a clear expiry (for example 24 hours).

Offer or option?

An option is the seller’s promise not to sell to anyone else for a set time. You are not obliged to buy, but if you take it up the sale is final and the deed must follow within four months. A sum may be asked: the owner keeps it if the option lapses, and it counts as a first deposit if you exercise it (notaire.be).

Suspensive conditions

A suspensive condition is an uncertain future event on which the sale depends. The usual one is obtaining a loan: if the loan is refused, the sale is treated as never having existed, and the notaire.be FAQ says a period of 4 weeks is often used, though you can set your own. You must show you did everything to get the loan.

In the Brussels plain-language model, the loan condition names an amount, a “normal market rate” and a number of weeks from signature. If your loan is refused you must warn your notary (and the agent, if any) by e-mail within that period, with proof of the refusal. In one version of the model, if you say nothing the condition is deemed fulfilled and the sale goes on; in another, the seller must send an e-mail to declare the sale void. Read which version you are signing and diary the date. The model also allows the parties to agree an indemnity for the home being unavailable (a placeholder of 0.50% of the price, or a daily amount) and a refund of the drafting costs, deducted from the guarantee, only if agreed.

The compromis

The compromis is the first document signed by seller and buyer; the notary uses it to draft the authentic deed (notaire.be). The Brussels model was created by notaries and estate agents, runs to about ten pages instead of the usual 20 to 30 and links to over 70 definitions (notaire.be, 2019). It is only a model. Read the text you are asked to sign.

The guarantee

A guarantee is not required by law, but it is “très courante”. notaire.be suggests keeping it modest, for example 10% of the price; its offer FAQ mentions 5 to 10%. be.brussels gives about 10%. It stays blocked at the notary’s office until the deed and then counts as a deposit. Never pay it directly to the seller: it goes to the notary’s or agent’s third-party account (notaire.be FAQ).

Keys, insurance, penalties

• Notaries advise against handing over keys before the deed; if it happens, put the conditions in writing.
• The buyer has a free accidental-death insurance from the compromis to the deed. In the notaries’ scheme in the Brussels model, cover lasts at most 4 months, up to €250,000, and requires a guarantee of at least 5% on the notary’s third-party account.
• If a party fails its obligations, the other can send a formal notice; if nothing is done within 15 days it can seek enforcement or treat the sale as ended. The model’s flat-rate indemnity is a placeholder of 10% of the price, plus any registration duties.

From compromis to deed: why 4 months

No legal deadline exists, but it is typically 4 months at most (be.brussels). notaire.be explains that the notary must run mortgage, tax, cadastral and planning searches. The administration normally has 30 days to send mortgage information, pre-emption right holders have two months to use their right, and your bank also processes your file (notaire.be, article of 2020). A tenant has a right of first refusal in a let property (be.brussels).

Documents the seller must provide in Brussels

Per be.brussels: soil certificate, electrical inspection certificate, EPB certificate, post-intervention file, lease documents, fuel-oil tank certificate, co-ownership data and planning information. The soil certificate must be given to the buyer at the offer or compromis stage (Bruxelles Environnement). The EPB certificate must be available from the moment the home is advertised and given free to anyone interested (Bruxelles Environnement). For electricity, notaire.be says the seller gives a conformity report less than 25 years old or has the installation inspected; if it is not compliant, the buyer must bring it into line within the time in the report.

Registration duties are due within 4 months of the compromis and seller and buyer are jointly liable toward the tax authority (Brussels model). See registration duties.

Which professional to consult

A notary, before signing any offer or compromis. A credit broker or your bank, to set a realistic financing deadline. See the notary and the credit broker.