Recognizing a Reliable Home Buyer: The Checklist Against Straw Men

A divorce brings time pressure, emotion, and sometimes financial strain together. You want to see the house sold, make the decision, and move on. That very combination makes you an attractive target for a buyer who doesn't play by the rules.

The classic pitfall is the dropping offer. You first hear a smooth, attractive amount. You say yes verbally, let other interested parties go, and focus on moving. Just before signing, a lower offer suddenly appears, with a story about 'unexpected costs' or 'a disappointing valuation.' At that point, you're backed into a corner.

The best protection is simple: put everything in writing, check who you're doing business with, and don't let yourself be rushed. If you have doubts about your specific situation, always contact your own notary or lawyer. This guide informs you but does not replace legal or tax advice tailored to you.

A serious buyer is a real company, not an anonymous intermediary with just a mobile number and a sleek-looking website. Ask for the company number and check it yourself.

• Look it up in the KBO. Via the free Public Search of the Crossroads Bank for Enterprises (kbopub.economie.fgov.be), you'll immediately see the legal form, address, status (active or discontinued), and activities. Does the name on the documents match what you find there?
• Check the VAT number. A Belgian VAT number always starts with BE, followed by ten digits. The company number and VAT number are essentially the same number, without the 'VAT BE' prefix.
• Watch out for new or empty files. A company that has only existed for a few weeks, has no physical address, or carries out activities unrelated to real estate deserves extra questions.

If you do business with a real company, there's also a point of contact if something goes wrong. That alone makes a big difference.

A professional buyer purchases with their own funds. They don't need a bank loan to pay for your home. That's immediately one of the strongest checks you can do.

• Ask for a written offer. A verbal promise is worth nothing when it comes down to it. A reliable party puts the amount, conditions, and timing in black and white.
• Watch out for the suspensive financing condition. For a regular private buyer, a financing condition is normal and even wise: if the loan falls through, the sale doesn't proceed without costs. But a true buyer doesn't need to include that condition. If it's there anyway, they might not be buying with their own money, and you risk the deal collapsing at the last moment.
• Keep the offer firm. A serious offer remains valid for a reasonable, specified period and doesn't just change between 'yes' and the signing of the preliminary contract.

Remember: once you agree on the property and price, a sales agreement in Belgium is in principle binding, even without an advance payment or a notarial deed. All the more reason to only sign when the conditions are clear and final.

Here lies one of the clearest alarm signals. When selling a home, the buyer usually pays a deposit or advance, typically around 5 to 10 percent, which goes through the notary or a blocked account. As the seller, you should never have to transfer money upfront.

• Never pay an advance to be allowed to sell. If someone asks you to transfer 'file costs,' a 'reservation fee,' or a 'valuation cost' upfront, stop. That's not normal practice and often a sign of a straw man.
• Ask about the margin. A buyer buys below market value because they take on the risk, speed, and later resale. That's allowed, but an honest party explains how the offer is formed and doesn't hide the discount behind nice words.
• Compare multiple offers. One offer says little. By putting several buyers side by side, you'll quickly see if an amount is realistic or suspiciously low.

In Belgium, the intervention of a notary is legally required when selling a home. Only a notary can draft the authentic deed that officially transfers ownership. That's immediately your strongest safety net.

• Choose your own notary. Both the seller and the buyer may each appoint their own notary. If you work with two notaries, they divide the work and the fees between them, without extra cost to you. So you lose nothing by involving your own notary, and they look out for your interests.
• Don't let yourself be steered in the choice of notary. An agent, developer, or buyer may not interfere in who you choose as your notary. Anyone who pressures you on that ignores a basic rule.
• Record the choice of notary in the preliminary contract. Put in writing in the private sales agreement which notary assists you.

A reliable buyer has no problem with a sale through a notary. Anyone who prefers to arrange things 'outside the notary' or insists on quick signatures without legal guidance deserves no trust.

If you encounter one or more of these signals, be cautious and, if necessary, get assistance before signing anything:

• The offer drops at the last moment with a vague story about costs or a disappointing valuation.
• No KBO or VAT number can be found, or it doesn't match the name on the documents.
• You have to pay upfront for file, reservation, or valuation costs.
• Everything must go quickly, quickly, quickly, and you're not given time to think or seek advice.
• They want to work outside the notary or advise against your own notary.
• The offer is only verbal or full of loose promises without clear conditions and deadlines.
• There's a financing condition even though it's supposed to be a professional buyer.

In doubt? Take your time. An honest party understands that selling during a divorce requires care and won't pressure you.