Cluster info · Breyne Law
Sale contract under Breyne Law: structure and key points
The sale contract for a new home in Belgium unfolds in two stages. Each stage has its checks — here is the checklist.
1. The sale compromise
First signature, already legally binding. Check:
- All clauses from Article 7 (12 mandatory).
- Suspensive conditions: obtaining credit, selling a current property, etc.
- Down payment limited to 5% of the price (see down payments).
- Specifications and plans annexed signed.
The compromise sets price and conditions. Any subsequent change requires an amendment.
2. The intermediate phase (3-4 months)
Between compromise and authentic deed:
- Obtaining the security-deposit certificate (see security deposit).
- Verification of the completion guarantee (Article 12).
- Lifting suspensive conditions.
- Preparation of the deed by the notary.
3. The authentic deed
Signature at the notary. At this stage, categorically refuse if:
- The security-deposit certificate is missing (contract void).
- Plans/specifications have changed without amendment.
- The price has evolved outside the foreseen revision clause.
See also our cluster turnkey contract for specifics.
Our Breyne Law advisory intervenes at both signatures — maximum protection.
Sale contract questions
Time between compromise and deed?
Typically 3 to 4 months. This is the verification phase: suspensive conditions, financing, security-deposit certificate check.
Can one withdraw after the compromise?
Difficult without an activatable suspensive clause. The Breyne Law does not provide a general right of withdrawal. Hence the importance of pre-compromise audit.