Selling without an agent in France: steps and notary

Step 1: value the property and write the listing

A price that is too high drags the sale out; a price that is too low cannot be recovered. To value the property from actual sales in the area, see our guide vendre son logement : les étapes (selling a home: the steps).

The listing, online or in the press, must state (service-public.gouv.fr, F32061):

• the energy and climate classes of the DPE;
• the estimated annual energy expenditure;
• the words “logement à consommation énergétique excessive” (home with excessive energy consumption) for a home rated F or G;
• in a copropriété (building in co-ownership): the fact that the property is subject to co-ownership rules, the number of lots, the average annual service charges paid by the seller and any proceedings under way.

The DPE must therefore be carried out before the listing is published. For photos, service-public.gouv.fr recommends obtaining the written consent of the building’s architect (F32061).

Step 2: have the surveys carried out

When a built property is sold, the seller provides a survey file (DDT), “attached to the preliminary contract or, failing a preliminary contract, to the authentic deed of sale” (art. L271-4). Depending on the property, it includes in particular (F10798):

If any of the lead, asbestos, termite, gas, electricity or sanitation surveys is missing or no longer valid when the deed is signed, the seller “cannot exempt themselves from the guarantee against hidden defects” (art. L271-4, II). Validity periods are set out in our guide diagnostics obligatoires (mandatory surveys).

Step 3: viewings, purchase offer and choosing the buyer

A purchase offer accepted by the seller binds them: they “can no longer change their mind” (F2753). Before accepting, ask the buyer how they are financing the purchase (deposit, agreement in principle from a bank), because a sale financed by a loan will be subject to a condition precedent.

No deposit should be paid with the offer: service-public.gouv.fr specifies that “paying a sum of money makes the purchase offer void” (F2753).

Step 4: the preliminary contract

The compromis (mutual preliminary sale agreement) can be drawn up by the parties themselves as a private agreement, countersigned by a lawyer or executed before a notaire (F2965). Between private individuals, using a notaire from this stage limits the risk of leaving out a required clause or condition precedent.

A private unilateral promise to sell (promesse unilatérale) must be registered within 10 days of its acceptance, at a cost of €125, or it is void (F2965).

After notification of the contract, a non-professional buyer has a 10-day cooling-off period, and no payment may be received from them during this period (CCH, art. L271-1 and L271-2). The full rules: compromis ou promesse de vente (compromis or promise to sell).

Step 5: the deed of sale at the notary’s

The notaire checks the identity and legal capacity of the parties and the legal status of the property (title deed, planning, pre-emption rights, register of charges), drafts and reads the deed, has it registered and pays the price to the seller, in principle within no more than 1 month (F2962).

• Seller and buyer can each have their own notaire: the fees stay the same and are shared between them (F2962).
• The deed costs are paid by the buyer, unless otherwise agreed (F2962): see frais de notaire (notary fees).
• The notaire can also take part in the negotiation at the request of a party (F2164).

The seller, for their part, pays for the surveys, any release of a mortgage charge and, where applicable, tax on the plus-value immobilière (capital gain on property).

The risks of selling without an intermediary

• Hidden defects. The seller is bound by the guarantee against hidden defects that make the property unfit for use, even if they were unaware of them, unless there is an exclusion clause (code civil (Civil Code), art. 1641 and 1643). This clause does not apply if a mandatory survey is missing (art. L271-4, II).
• Buyer without financing. Without checking the financing plan, the mortgage condition precedent can bring the sale down several weeks after signing.
• Incomplete listing. The DPE details are compulsory in the listing (F32061).
• Comparing fees. To measure the real saving, see frais d’agence immobilière (estate agent fees) and mandat exclusif ou simple (exclusive or non-exclusive mandate).

Which professional to consult

The certified diagnostiqueur (property surveyor) carries out the DPE before the listing, then the rest of the file before the preliminary contract. The notaire (notary) can draft the preliminary contract, secure the conditions precedent and handle the sale through to the deed. If you finally decide not to sell on your own, an agent immobilier (estate agent) can take over under a sale mandate.