A suspensive condition is a clause that puts the sale on hold until a defined event happens, most often the buyer obtaining a mortgage. If the condition fails within the agreed deadline, the compromis is unwound without penalty (immomakelaarvergelijker.be, 2026).
A suspensive condition (condition suspensive) is the buyer’s main safety net in a Belgian compromis. Since the sale is legally formed the moment the compromis is signed (Civil Code, article 1583), the suspensive condition suspends its full effects until a specified event occurs. If the event does not happen in time, the sale is treated as never having taken place.
The classic example is financing. A mortgage suspensive condition states that the buyer must obtain a loan of a set amount, at a set maximum rate, by a set date. If the buyer applies genuinely and is refused, the compromis is dissolved and the deposit returned, with no penalty (immomakelaarvergelijker.be, 2026). The condition only protects a buyer who has actually made a serious application, which is why banks’ written refusals matter.
Other common conditions include obtaining a planning or regularisation permit, a favourable soil result, or the sale of the buyer’s own current home. Each must be precise: the object, the threshold, the deadline and what happens if it fails.
The counter-intuitive point: a suspensive condition is not a free way out. It only releases the buyer for the exact event described, and only if they did everything required to make it happen. A buyer who deliberately sabotages a loan application can be treated as if the condition were met. Drafting these clauses tightly protects both sides, and Easyhome makes sure every condition in your compromis is clear and enforceable.
At a glance
| Item | Detail (source, date) |
|---|---|
| Definition | Clause suspending the sale until a defined event |
| Most common | Obtaining a mortgage loan |
| If it fails | Compromis unwound, deposit returned, no penalty (2026) |
| Buyer’s duty | Make a genuine, documented effort |
| Other conditions | Permit, soil result, sale of current home |
| Must specify | Object, threshold, deadline, consequence |
| Legal backdrop | Sale formed at signature (Civil Code, art. 1583) |