8. Signing the pre-contract
Congratulations, your offer has been accepted! The next step is to sign a pre-contract (avant-contrat), which sets out all the terms of the sale in writing. It’s usually drawn up by the notaire or the estate agent, and there are two types:
- Compromis de vente: the most common type. It’s a binding agreement in which both you and the seller commit to the sale.
- Promesse unilatérale de vente: the seller commits to sell to you for a set period, usually two to three months, while you have the option to buy. You pay a reservation fee (indemnité d’immobilisation), usually around 10% of the price, which you lose if you decide not to buy for a reason not covered by the contract.
The pre-contract includes:
- a full description of the property
- the property diagnostics
- the agreed price, and who pays the agent’s fees
- how the purchase will be financed
- any conditions (conditions suspensives), such as getting a mortgage or planning permission
- the date for signing the final deed
When you sign a compromis de vente, you normally pay a deposit of 5% to 10% of the price. This is held securely by the notaire and counts towards the purchase price.
Your 10-day cooling-off period
As the buyer, you have a 10-day cooling-off period (délai de rétractation). It starts the day after you receive the signed pre-contract, by registered post or by hand. During this time, you can pull out for any reason and get your deposit back in full. The seller doesn’t have this right.
After that, you can only withdraw without losing your deposit if one of the conditions in the contract isn’t met, for example if your mortgage application is turned down. If you need a mortgage, the contract must include a mortgage condition giving you at least one month to secure your loan, and 45 to 60 days is common.