REALWorld Law

Sale and purchase

Form of contract

Are there formal requirements regarding the content and structure of a sale and purchase contract relating to real estate (SPA)?

Belgium

Belgium

There are no formal requirements regarding the content and structure of a sale and purchase agreement contract relating to real estate (SPA). The parties are generally free to structure the contract as they wish, except for certain legal requirements. A share purchase agreement does not have to be notarised. The share transfer is effective when the share transfer is recorded in the company’s share register.

If an asset purchase, the agreement is contained in a deed which is formalized in the presence of a notary public within four months of the signing of the initial agreement. Presentation to the Administration of Legal Security and payment of duty is required within the same four-month period. This obligation does not apply to share purchase agreements.

What is a typical contract or SPA in this country like?

Asset and sale purchase agreement are negotiated instruments between the parties.

Common features of both asset purchases and share purchases include a description and the identity of the parties, details of the real estate or shares being bought and the price. If these elements are absent the purchase agreement is void.