- Advising in real estate contracts
- Drafting contracts
- Litigation relating to contracts between landlords and tenants
- Negotiating with insurance companies, advising on insurance policies
Advising in real estate contracts
You want to buy a home and you need to fill out a lot of paperwork specifying the terms of your offer. Here are some of the issues for which you may need the professional advice of a lawyer.
Finance Terms
If you are like most people and you are not able to buy the home without obtaining a mortgage, your purchase offer should state that your offer is contingent upon obtaining financing at a specified interest rate.
Home Inspection
Unless you are buying a tear-down, you should include a home inspection contingency in your offer. This clause allows you to walk away from the deal if a home inspection reveals significant and/or expensive-to-repair parts of the house.
Fixtures and Appliances
If you want the refrigerator, dishwasher, stove, oven, washing machine or any other fixtures and appliances, do not rely on a verbal agreement with the seller and do not assume anything. Specify in the contract any fixtures and appliances that are to be included in the purchase but also items which you wish be removed away by the seller.
Closing Date
How much time do you need to complete the purchase transaction (by completing the notarized deed)? Issues that can affect this time frame might include the seller's need to find a new home.
Drafting contracts
Our Law Office has experience of dozens of years in drafting various contracts in Dutch, English and French. When drafting a contract, care must be taken to use exactly the right words to convey the desired meaning. Even a seemingly minor mistake, even one misplaced letter, can drastically alter the terms of a contract or render it unenforceable. We are available to help you avoid such mistake.Our experience include also drafting the Articles of Constitution of Non-Profit Associations and of Corporations / Companies. We also deal with the registration of companies and associations, including those who initiated by citizens of foreign countries.
Contract Terms Checklist includes: Identity of the parties - Individuals or business entities?- If businesses, what type? (partnership, corporation, etc.)- Name of person signing on behalf of the business- Addresses of the parties- Purpose(s) of the contract- Contract terms including duties and rights, prices, payment, confidentiality, litigation terms, warranties,
Signatures of authorized signatories, Notarization, etc.
Litigation relating to contracts between landlords and tenants
In many cases, disputes between landlords and tenants can be resolved informally between both parties. However, sometimes a third party is needed to hear the case and recommend a resolution. We briefly outline here how to deal with such disputes.
Most private residential tenancies in Belgium are covered by the Residential Tenancies Act of 20 February 1991. This legislation does not apply to tenants who rent office rooms; here the general rules on tenancies in the Civil Code.
Dealing with disputes
If a dispute arises between you and your landlord, you can first try to resolve it between you. Make sure that you are aware of your rights and obligations, that you know what you want to say and that your facts are correct. It may be useful to write to your landlord giving details of your complaints and providing any evidence needed to back up your points, such as photographs or receipts for repairs. Keep a record of all contacts between yourself and your landlord, including copies of all correspondence and documents.
If you cannot resolve the dispute in this way, you may need outside help.
Time limits
Certain types of dispute have defined limited periods (generally 5 years).
Mediation
Mediation means that an impartial mediator helps the parties to come to an agreement together. You can opt for face-to-face mediation or fast-track telephone mediation. Our Law Office is available for mediation if both parties agree with this procedure. In telephone mediation, the mediator contacts each side individually in a series of telephone Calls. For face-to-face mediation, the mediator arranges a private hearing, where each party can state their case and present any supporting evidence
The mediator aims to help both sides to reach a resolution that is acceptable to everyone. A report of the mediation is sent to each side, along with a letter of acceptance and a letter of rejection of the proposed agreement.
Tenancy Tribunal
The Tenancy Tribunal in Belgium is the VREDERECHTER / JUGE DE PAIX. A dispute can be referred to the Tenancy Tribunal for any of the following reasons: if an agreement cannot be reached using amicable negotiations or mediation.
Negotiating with insurance companies, advising on insurance policies
Whether you have a personal injury claim, were in a car accident, or were on the receiving end of medical malpractice, after you submit a demand letter to an insurance company, it's time to negotiate. If you have presented an insurance company with an organized demand letter and proper supporting documents.
If you receive a "reservation of rights" letter from the insurance company, do not be alarmed or intimidated. This letter informs you that the company is investigating your claim, but that it is reserving its right not to pay you anything if it turns out that the accident is not covered under the policy. The letter simply protects the insurance company by preventing you from claiming that the company's insurance policy covers your accident just because it began settlement negotiations with you.
Have a Settlement Amount in Mind
As part of putting together your demand letter, you should have determined what you believe your claim is worth. We can help you come to a “defendable” amount, based on Case Law as summarized in the “Indicatieve table / Table indicative” (the most recent issue of this document is 2016).
Do Not Jump at a First Offer
When the insurance Company makes you a first offer, it may be so low that it is just a tactic to see if you know what you are doing. Or, it may be a reasonable offer but too low. If the offer is reasonable, you can immediately make a counteroffer that is a little bit lower than your demand letter amount. All depend of course on the bargaining situation, the aim being to get you to a final settlement amount you both think is fair.