Buying property in France: steps from offer to deed

1. The offer to buy

A contract is formed by “the meeting of an offer and an acceptance” (code civil (Civil Code), art. 1113). An offer that contains the essential elements, the property and the price, and expresses the intention to be bound if accepted is a genuine offer; otherwise it is merely an invitation to negotiate (art. 1114). Its author cannot withdraw it before the time limit they set expires or, failing that, before a reasonable period has elapsed (art. 1116); it lapses at the end of that period (art. 1117). In property matters, the agreement on the property and the price is generally then formalised in a written preliminary contract.

2. The preliminary contract: unilateral promise or compromis

The promesse unilatérale (unilateral promise to sell) binds the seller alone: for a set period, they grant the buyer an option to buy on terms already agreed (code civil, art. 1124). If signed sous seing privé (as a private agreement, without a notary), it must be registered within 10 days of its acceptance, failing which it is void (art. 1589-2); service-public.gouv.fr gives a registration cost of €125. Where the seller is a natural person, a promise lasting more than 18 months must be executed in notarial form, and service-public.gouv.fr specifies that an indemnité d’immobilisation (option fee) of at least 5% of the price is then compulsory.

The compromis (mutual sale agreement) binds both parties: “a promise of sale is equivalent to a sale where both parties have mutually agreed on the property and the price” (art. 1589).

The practical differences between the two are set out in our guide compromis ou promesse de vente.

3. Surveys and documents

The seller provides a dossier de diagnostic technique (DDT) (technical survey file), attached to the promise or the deed of sale: energy performance, lead for a home built before 1 January 1949, asbestos where the building permit was issued before 1 July 1997, electricity and gas for an installation more than 15 years old, risk report, termites in an area designated by prefectoral order, etc. (service-public.gouv.fr). The surveys must be valid on the date of the promise. The full list and validity periods are in our guide to diagnostics obligatoires (mandatory surveys).

In a copropriété (building in co-ownership), service-public.gouv.fr adds in particular the co-ownership rules, the minutes of general meetings for the last three years, the maintenance log and the pré-état daté (pre-sale statement of the owner’s account); the promise also states the private floor area (loi Carrez).

4. The 10-day cooling-off period

A non-professional buyer of a home may withdraw within 10 days from the day after the registered letter notifying them of the preliminary contract is first presented, or from the day after it is handed to them in person by the instructed professional (CCH, art. L271-1). They do not have to give a reason. The seller has no such period (service-public.gouv.fr).

During this period, no one may receive money from the buyer, except a payment made to an instructed professional who holds a financial guarantee; if the buyer withdraws, the funds must be returned within 21 days. Requiring a payment in breach of these rules is punishable by a €30,000 fine (CCH, art. L271-2).

5. Conditions precedent

The preliminary contract often includes conditions precedent: obtaining the loan, a certificat d’urbanisme (planning certificate), clearance of a droit de préemption (pre-emption right) (service-public.gouv.fr). If the deed states that the price is financed, even partly, by a mortgage, it is compulsorily concluded subject to the condition precedent of obtaining the loan, for a period that cannot be less than one month; if the loan is refused, any sum paid is refunded in full, without deduction or compensation (code de la consommation, art. L313-41).

If a condition fails, the obligation “is deemed never to have existed” (code civil, art. 1304-6).

6. The notarial deed

The deed of sale is an acte authentique that must be drawn up by a notaire (service-public.gouv.fr). Before preparing it, the notaire checks the identity and legal capacity of the parties, the mortgage register, the planning rules, pre-emption rights and the chain of title. The deed sets out the price, the payment terms, the conditions precedent and the date on which the property becomes available; the DDT is annexed to it.

Where there was no prior preliminary contract, the buyer has a 10-day reflection period from notification of the draft deed, during which the deed cannot be signed (CCH, art. L271-1). After signature, the notaire has the deed published at the service de la publicité foncière (land registry) (service-public.gouv.fr). The cost of this step is detailed on our page on frais de notaire (notary’s fees).

Which professional to consult

The notaire drafts the preliminary contract or the notarial deed and holds the funds in escrow. The agent immobilier (estate agent) organises viewings and takes the offer; if instructed and guaranteed, they may also receive a payment during the cooling-off period (CCH, art. L271-2). The diagnostiqueur (property surveyor) produces the DDT, and the courtier en crédit (mortgage broker) secures the loan within the period of the condition precedent. For a plot of land, the géomètre-expert (chartered land surveyor) marks out the boundaries.