People often picture a purchase offer as a simple sign of interest, with no consequence as long as nothing has been signed at the notary's. That is a mistake. Under Belgian law, a sale is formed as soon as there is agreement on the property and on the price. A written offer, accepted by the seller, can therefore already bind you - well before the preliminary agreement.
What an accepted offer sets in motion
If you propose in writing to buy a property at a given price and the seller accepts that offer as it stands, the agreement is formed: each party is in principle bound. The preliminary agreement (compromis de vente) and then the deed do nothing more than record and carry out that agreement. In other words, the commitment can arise from an email or from a document signed during the viewing, not only from a notarial deed.
That is why an offer is not drafted lightly: everything that matters must be in it before you send it.
Setting a short period of validity
An offer left with no deadline stays open and may be accepted at a moment that no longer suits you. Always state a period of validity - often a few days - after which, without acceptance, the offer falls away. This protects you and puts healthy pressure on the seller's decision.
Framing the conditions within the offer
The classic protections must appear in the offer itself:
- the suspensive condition of obtaining the loan, with amount and deadline;
- what is included in the sale;
- any conditions relating to town planning or to the condition of the property.
Added after the fact, they no longer apply: once the offer has been accepted without reservation, new clauses are hard to negotiate. An offer "at the price, with no condition" is the strongest commitment - and the riskiest if your financing is not secured.
Offer, preliminary agreement, deed: three stages of one agreement
- The accepted offer forms the sale through the agreement on the property and the price.
- The preliminary agreement (compromis de vente) sets out and secures that agreement (conditions, deposit, deadlines).
- The authentic deed makes the sale enforceable against third parties and triggers payment of the duties.
The three documents describe the same sale at increasing degrees of formalisation. The commitment itself can begin at the very first stage.
Offering the right price
Since an accepted offer binds you, it is best not to set it at random. Knowing where the property sits in the market of its municipality - above, below, or within the range of recent sales - tells you whether there is room to negotiate, and at what level to place a credible offer without overpaying.