Selling a home in France: the steps and time limits

1. Value the property and choose how to sell

The price is set first on the basis of comparable sales, which the authorities make available (see our guide to estimer le prix d’un logement (valuing a property)).

You can sell on your own or instruct an agent immobilier (estate agent). In that case, a written mandate is compulsory. Service-public.gouv.fr distinguishes:

• the mandat simple (non-exclusive mandate): one or more agencies, and you can sell yourself;
• the mandat semi-exclusif (semi-exclusive mandate): a single agency, and you can sell yourself;
• the mandat exclusif (exclusive mandate): a single agency, which alone is authorised to sell.

An exclusive mandate can only be terminated after three months from its signature, with notice of at least fifteen days by recorded-delivery letter with acknowledgement of receipt (decree of 20 July 1972, art. 78). The details are in our guide mandat exclusif ou simple (exclusive or non-exclusive mandate).

2. Gather the surveys

The seller provides a dossier de diagnostic technique (DDT) (technical survey file), attached to the promise or the deed (service-public.gouv.fr; CCH, art. L271-4). Depending on the home, it includes in particular:

The surveys must be valid on the date of the promise. Service-public.gouv.fr gives these periods: asbestos unlimited if carried out since 1 April 2013, lead unlimited if no lead was found (otherwise 1 year), termites and risk report 6 months, gas and electricity 3 years, DPE 10 years (those carried out before 1 July 2021 are no longer valid), energy audit 5 years. In a copropriété (building in co-ownership), the deed also states the surface Carrez (legally measured floor area). See our guide to diagnostics obligatoires (mandatory surveys).

3. Publish the listing

The listing presents the type of property, the price, the location, the floor area, the condition and the DPE; a home rated F or G must carry the wording « logement à consommation énergétique excessive » (home with excessive energy consumption). It also refers to the Géorisques website for the risks the property is exposed to (service-public.gouv.fr).

If the agency charges its fees to the buyer, the listing shows the price both including and excluding fees, together with their percentage; if the seller pays them, only the price excluding fees appears (service-public.gouv.fr).

4. Receive an offer and sign the preliminary contract

The buyer usually makes a written offer: property, floor area, price and period of validity, generally 1 to 2 weeks. Once the offer has been accepted, the seller can no longer change their mind and must stop viewings; if they refuse to sell, the buyer can ask the court to enforce the sale (service-public.gouv.fr). No deposit may be paid to the seller at this stage (see offre d’achat et contre-offre (offer and counter-offer)).

Next comes the preliminary contract: a promesse unilatérale de vente (unilateral promise to sell) or a compromis de vente (mutual sale agreement). Service-public.gouv.fr specifies:

• the compromis often provides for a dépôt de garantie (deposit) of 10% of the price, held in the notaire’s escrow account;
• a unilateral promise signed privately must be registered within 10 days of its acceptance, for €125;
• beyond 18 months, a preliminary contract signed by a seller who is a private individual must be a notarial deed.

The cooling-off period. A non-professional buyer can withdraw within ten days from the day after the letter notifying them of the contract is first presented (CCH, art. L271-1). The seller does not have this right (service-public.gouv.fr). If the buyer withdraws, funds held by a professional are returned within 21 days (CCH, art. L271-2).

The loan condition. If the buyer is borrowing, the preliminary contract must include a condition suspensive (condition precedent) of obtaining the loan, lasting at least one month (Consumer Code, art. L313-41). In practice, the period is often 45 to 60 days after signature (service-public.gouv.fr). See our guide compromis ou promesse de vente (mutual sale agreement or promise to sell).

5. Sign the deed of sale

The deed of sale is an acte authentique which must be drawn up by a notaire (service-public.gouv.fr). The notaire checks the identity and legal capacity of the parties, the mortgage register, planning matters, the land registry position, rights of pre-emption and the chain of title. The DDT is annexed to the deed.

A seller who is absent on the day of signing can be represented by power of attorney. After signature, the notaire registers a copy of the deed with the service de la publicité foncière (land registry) and the cadastre (land survey register) (service-public.gouv.fr). The agency’s fees are paid after the final deed is signed (service-public.gouv.fr, fact sheet F2954).

6. Any capital gain

The sale of your main residence and its outbuildings is fully exempt from capital gains tax, provided the home is your main residence at the time of the sale. For any other property, the exemption from income tax is acquired after 22 years of ownership, and the exemption from prélèvements sociaux (social charges) after 30 years (service-public.gouv.fr). Other cases are set out in our guide plus-value immobilière (capital gains on property).

Which professional to consult

The agent immobilier (estate agent) values the property, signs the mandate and organises viewings. The diagnostiqueur (property surveyor) produces the DDT. The notaire drafts the preliminary contract and the deed, and holds the funds in escrow. The géomètre-expert (chartered land surveyor) marks out the boundaries of a plot or measures a division. On the buyer’s side, the courtier en crédit (mortgage broker) secures the loan within the period of the condition precedent.