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Selling

May I sell myself after you have made an estimate?

Yes, an estimate is always free of charge and non-binding.

What are the costs when selling a house or flat?

The cost of selling your property depends on the location, size, condition and available documents.

1. Energy performance certificate (EPC)
• Open-plan building: €200 to €250
• Semi-detached buildings, flats or studios: €90 to €180

2. Electrical inspection
Houses with an electrical installation dating from before 1 October 1981 must always be inspected before they are sold. This costs on average €125 to €175.

3. Certificate of fuel oil tank
This certificate is not a legal requirement for a sale, but it must be requested before the notarial deed is executed. The cost of such an inspection varies between €100 and €150.

4. Notary fees
For his or her services, such as applying for legally required certificates and permits, the notary charges on average between €200 and €400.

5. Soil certificate
The cost of a soil certificate is €54 per cadastral plot number.

6. Urban development excerpt and information
This cost varies from one municipality to another, but on average amounts to €100.

Depending on the period in which you sell your property, you may have to pay capital gains tax.

Are you selling your house again within 5 years after the purchase? Then you have to pay a tax of 16.5% on the surplus value of your house or flat. However, if it is your own home that you have actually occupied yourself for at least 12 consecutive months, you avoid paying the capital gains tax.

This is how the capital gains tax is calculated:

(Purchase price of the home + notary fees + invoices for construction or renovation costs from registered contractors + 5% capital gains per year) - the selling price.

Can I sell my property myself, even if I have an estate agent?

This depends on the type of contract you have.

Exclusive contract
You are not allowed to sell your house yourself. If you do, you owe the estate agent a portion (max. 75%) of the commission.

Non-exclusive contract
Anyone can sell the property when they have found a potential buyer: estate agents, you, but also notaries or any other third person.

Co-exclusive contract
Here you give several estate agents the exclusivity to sell the house. Finding a buyer is always done in consultation with the estate agents involved. In this case, you do not look for a buyer yourself without the brokers intervening.

How much does a real estate agent cost?

This depends on the location, size and condition of your property.

For more information on this, you can request a free estimate without any obligation.

What is a post-intervention file and is it mandatory?

A post-intervention file contains all the information the buyer needs to dissect the home safely, namely:
• identity details of the architect and contractors who built the home
• construction plans
• the specifications of your home, in which all the materials used are listed
• any technical data sheets (e.g. electricity plan, ventilation plan, overview of the water pipes)
• purchase invoices, guarantee certificates and maintenance instructions for electrical appliances.

The post-intervention dossier is obligatory when selling a home if:
• construction started after 01/05/2001
• work has been carried out since 01/05/2001 by one or more contractors. 

Can I sell my property discreetly?

If you prefer a discrete approach, we have a tailor-made formula to reach the right target group.

Through our extensive network and appropriate publicity, we make personal contact with candidate buyers.

Would you like more information? Please contact us.

Can I stop the sales order prematurely?

Do you, as seller-client, want to terminate the sales contract prematurely? Then you must take into account the following clauses that have been included:

1. Revocation clause
You have the right to cancel the agreement with the real estate agent within 7 working days after signing it within the sales space. If the assignment was signed outside of the sales premises (e.g. at your home), the cancellation period is 14 calendar days.

Did you give the broker the assignment to immediately start the sale, namely during the revocation period? In that case, he is entitled to charge a fee for the services he has already provided (photo reports, etc.).

2. Termination clause
You have the right to unilaterally terminate the agreement with the property agent, but the agent is permitted to charge a termination fee for this. This is a maximum of 50% of the commission provided for.

3. List clause
If you terminate the sales assignment, the estate agent can send you a list within seven working days with the names of all the persons to whom he has provided information in connection with the sale. If you sell to one of these people within 6 months, you will still owe the estate agent his commission.

4. Clause of tacit extension
If you have not terminated the sales assignment after the agreed term has expired, then the agreement will be tacitly extended. After that, you can always terminate the contract with a notice period of one month. Do you still want to terminate immediately? In that case, you will owe a cancellation fee of a maximum of 50% of the commission provided for.

How long can I still live in my property after it has been sold?

As the seller, you must leave the property when the notarial deed is executed, as at that time the right of enjoyment is transferred to the buyer.

What should I do if I can no longer find my authentic notarial deed?

The notarial deed you get as a buyer is a copy. The official deed is always kept by the notary. 

Do I have to accept the highest bid?

It is always the seller who decides whether to accept the bid or not. You are therefore not obliged to sell your property if a candidate makes the highest bid or if the asking price is offered.

If several potential buyers offer the asking price, you can make a counter-offer. Be careful, because a counter-offer from the seller is binding if the buyer accepts it.

When do I benefit from the reduced VAT rate of 6% for new buildings?

Between 01/01/2021 and 31/12/2023, you enjoy a reduced VAT rate when purchasing new homes and flats: 6% instead of 21%.

To benefit from the reduced rate, you must meet the following conditions:
• You buy the property as a natural person, not as a company
• You may not own any other property
• The property must be your only home for at least 5 years*.

*Otherwise, you will have to pay back the VAT pro rate temporis.

How long do I have to wait for the deed to be executed?

The period between the signing of the compromise and the execution of the deed shall not exceed four months.


Buying

How do I make a valid bid?

You make an offer in writing to the broker in charge. Be careful, because once an offer is made, it is binding.

If you are not yet sure that you can obtain a loan from the bank, be sure to add a suspensive condition to your offer. With a suspensive condition, your offer can be considered as 'non-existent' if the conditions are not met. So if it turns out later that it is not possible to get a loan, you can abandon the purchase.

Kan ik een bod terug intrekken?

Van zodra je een bod hebt uitgebracht, is deze bindend. Beslis je achteraf om de woning toch niet aan te kopen, dan kan de verkoper een schadevergoeding van 10% eisen.

What are the costs involved in buying a property?

Registration fees
• Single family home: 3% of the purchase price or 1% if you proceed to a thorough energy renovation
• Second residence or building plot: 12

Notary fees
The notary's fee is between 0.057% and 1.3%. The higher the selling price, the lower the percentage.

Administrative costs
The notary asks a commission for the following administrative searches:

• Searches: tax, town and country planning, land registry, mortgage, etc.
• Certificates: land, mortgage...
• Costs for the registration of the deed
• Costs of mortgage registration
• Miscellaneous costs: file, stamps, copies, etc.

VAT
You pay 21% on the notary's fees and administrative costs.

Can I buy a property in cash?

It is absolutely forbidden to finance the purchase of real estate with cash.

Do I have to pay a deposit when buying a property?

Together with the seller(s), you can freely agree on whether or not there should be an advance payment on the purchase price. This amount is to be determined freely between you, but it is usually 10% of the purchase price.

What budget do I need for the purchase of a property?

The usual rule is that you should pay 20% of the purchase price yourself. For the other 80%, you can go to the bank.

Can renovation work already be carried out between compromise and deed?

Generally, the entry and transfer of ownership takes place at the time of execution of the authentic deed. If the seller nevertheless agrees, a key agreement can be signed.

The following points are important here:
• From then on, you also bear the share of the real estate tax for the current year. Whoever has the enjoyment, also bears the burden, of course.
• You must take out fire insurance.
• You have to list in detail the works that will be carried out.

Be careful, because signing a key agreement is always a risk if the sale is cancelled for any reason. So we do not recommend this. Rather, try to sign the deed as soon as possible. That way, you will not risk losing time and money.

When can I, as a buyer, give notice to the current tenant?

As a new landlord, you have the same rights and obligations as your predecessor. If you want to terminate the contract, you have to follow the normal procedure. This procedure depends on the duration of the contract.

Only under certain circumstances can you terminate the tenancy agreement prematurely, for example when you want to move into the house yourself.

Where can I view the properties that have not yet been published?

We have a Facebook group per region where we post exclusive previews of properties that have not yet been published on the website.

As a member, you are the first to know about new properties in your area!

Would you like to be part of the group in your area? Find us on Facebook under 'sneak peek by Immo Francois - your region'! 


Renting out

Which certificates do I need to rent out a property?

If you want to rent out your property, you need to make the following declarations:

1. EPC certificate
An energy performance certificate shows how energy-efficient a house or flat is. This is mandatory when renting out your property.

2. Compliance certificate from the municipality
A certificate of conformity can be obtained from the municipality and shows whether or not the rental property meets the housing quality standards.

A certificate of conformity is not compulsory in all municipalities. You can find more information here: https://www.vlaanderen.be/conformiteitsattest-voor-huurwoningen

3. An inspection certificate for the electrical installation
This is not compulsory, but the installation must meet certain minimum requirements.

Do you have doubts or questions about this? Feel free to drop by our office

How do I terminate the lease as landlord?

If, as a landlord, you want to terminate the lease prematurely, you have to take into account a number of legal provisions. These time depend on the duration of the agreement:

1. Normal duration (9 years)
2. Short duration (max. 3 years)
3. Long duration (> 9 years)
4. Alternative termination options

More information can be found here or from the Immo Francois estate agent near you.

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