What is a preliminary sales agreement?

Who is eligible for a compromise?

A sales agreement is signed by both the seller and the buyer. The preliminary agreement is therefore an important document for both parties, as it sets out the details of the sale. This means that it is not only the buyer who must fulfill certain obligations, such as paying the agreed-upon price; the seller must also deliver what they promise in the preliminary agreement. Furthermore, the condition of the property is described here, so that it is exactly clear what is being sold.

Drafting a sales agreement

In principle, either party may draft the preliminary sales agreement. You can easily find a sample private sales agreement online. However, it is advisable to have it drafted by an expert, as it is a complex document with significant implications. Are you buying or selling a home through a real estate agent? If so, they can draft the document for you. It is advisable to draw up the sales agreement as soon as possible, once you have agreed to the sale. There is then a maximum of four months between the drafting of the preliminary agreement and the signing of the notarial deed.

What should be included in the preliminary agreement?

A sales agreement must include the following key provisions:

• Information about the seller

• Information about the buyer, including financial information

• A detailed description of the property

• Any defects in the property

• Any easements

• Other expenses, debts, or liens

• Agreed price

What documents must be included in a preliminary sales agreement?

Several attachments are required when drafting a preliminary sales agreement:

• Cadastral register

• Soil Test

• Urban Planning Extract

• Post-intervention file

• Energy Performance Certificate

• Certificate of Electrical Inspection

• If applicable, the certificate of conformity for the fuel oil tank