Guide to making an offer on a property in France

1) Make a formal written offer to the agent or seller (offre d’achat)

What this step actually is

An offre d’achat is your written proposal to buy at a specific price, usually sent to the estate agent (agent immobilier) or directly to the seller (vendeur). It’s commonly the moment you lock in the headline deal: price, basic terms, and timing.

Service-Public clarifies an important point: you can withdraw as long as the seller has not received your offer; once the seller accepts, the seller is committed (no seller cooling-off right). 

What to include in your written offer (strongly recommended)

Include enough detail so there’s no misunderstanding later:

• Full buyer details: names, address, contact details (and marriage regime if relevant).

• Property identification: full address, cadastre references if known, and what’s included (fixtures, outbuildings, land parcels).

• Offer price: and whether it is net seller (prix net vendeur) or FAI (fees included).

• Validity period: e.g., “This offer is valid until [date/time]”.

• Proposed timescales: target date for signing the compromis, and a realistic completion window.

• Your financing position:

  • cash purchase or

  • mortgage purchase (and the mortgage clause you’ll require in step 4).

• Conditions you want from the outset (examples you may want to write in now):

  • subject to mortgage approval,

  • subject to satisfactory septic compliance,

  • subject to a clean survey/structural inspection,

  • subject to receiving complete copropriété documents (if an apartment).

Things to be aware of (big practical points)

• Do not pay anything at offer stage. Payments belong later (usually after the cooling-off period connected to the preliminary contract). Service-Public notes that demanding/receiving money before the end of the buyer’s withdrawal period can be penalised (notably in the copropriété context). 

• Make your offer “clean but protected.” In France, negotiation is normal, but your protection typically comes from:

  • having the right conditions suspensives later, and

  • ensuring the file (diagnostics + property info) is complete before you become fully locked in.

What can stop things at this stage

• Competing offers (especially if priced well or in popular areas).

• The seller counter-offers (price, completion date, inclusions).

• Missing key info: boundaries, rights of way, septic status, copropriété charges—these can cause you to pause or revise terms.

Responsibilities at this step

Seller (vendor):

• Decide whether to accept, reject, or counter.

• Should be transparent about known issues (practically, but the full “formal” disclosure package comes via diagnostics and the notaire file).

Agent (if there is one):

• Present your offer to the seller promptly.

• Clarify whether the advertised price is FAI or net seller, and explain how fees sit in the price.

• Coordinate next steps once agreed (introduce notaire(s), gather documents, line up compromis drafting).

2) Once accepted, sign the Compromis de Vente (or sometimes a Promesse de Vente)

What you are signing

The compromis de vente is the main preliminary sales contract. In everyday practice, this is where the sale becomes structured and “real”, because it sets out:

• the agreed price,

• what exactly is being sold,

• the conditions suspensives,

• the target completion date,

• the deposit arrangement,

• and the legal disclosures (including diagnostics).

Notaires.fr explains the compromis commonly goes together with a deposit (dépôt de garantie) and the difference vs a promesse (where only the seller is bound and the buyer has an option). 

Key “must-check” items before you sign

• Names and marital regime (important for ownership structure).

• Exact property description (house + land parcels + annexes).

• What is included: kitchens, built-in units, outbuildings, pools, etc.

• Servitudes / easements: rights of way, shared access, drainage routes.

• Copropriété pack (apartments): rules, meeting minutes, accounts, major works plans.

• Completion date: realistic, especially if you need a mortgage.

• All conditions suspensives (next step) are correctly drafted.

The buyer’s cooling-off right (critical)

Once the preliminary contract is signed and properly notified, the buyer has a statutory withdrawal period (commonly 10 days). Service-Public references the 10-day buyer withdrawal period tied to the preliminary contract stage. Practical consequence: you want the contract and attachments complete before the clock starts, otherwise you may be pressured while still missing key documents.

What can stop things here

• Missing documents (diagnostics not ready, copropriété file incomplete, title complications).

• Disagreement on conditions (mortgage, septic, planning permissions, inclusions).

• Notaire raises legal flags: boundary anomalies, unknown servitudes, inconsistencies in ownership.

Responsibilities at this step

Seller (vendor):

• Provide the legal and technical information required for the contract pack (often via the notaire/agent), including diagnostics (see step 5). 

Agent:

• Make sure the file is “contract-ready” (or flag what’s missing).

• Ensure the parties understand key dates (signing, withdrawal period, deposit timing, completion).

Notaire(s):

• Draft or review the contract, verify title, check legal constraints, coordinate mandatory disclosures, and prepare the route to completion.

3) Pay the deposit (usually 5–10% of the purchase price)

What the deposit is

The deposit is typically called the dépôt de garantie (or sometimes an acompte in common speech). Service-Public states the amount requested is generally between 5% and 10% and recommends consigning it with a professional with a dedicated financial guarantee—often the notaire or an agent with the right protections. Notaires.fr likewise notes it’s commonly around 5–10% and is credited against the price at completion. 

When you actually pay it

In practice, it’s usually paid after the buyer’s withdrawal period expires (and the contract allows it). Service-Public warns (notably for copropriété sales) that demanding/receiving payment before the end of the withdrawal period can be punished by a significant fine. 

Where it should be held

• Best practice: client account of the notaire (secure, standard, clean audit trail), or

• an agent’s holding arrangement only if they have the proper financial guarantee structure.

What can stop things here

• Bank transfer delays (especially international transfers).

• Compliance checks (anti-money laundering / source of funds requests).

• Contract dispute: if the contract pack is incomplete or you discover a major issue during the withdrawal period, you may withdraw rather than pay.

What happens to the deposit if the sale doesn’t complete

This depends on why it fails:

• If a condition suspensive fails properly (e.g., mortgage refused within the agreed framework), the deposit is typically returned.

• If the buyer defaults without a valid condition, the seller may be entitled to keep it (or pursue other remedies), depending on the contract.

Notaires.fr gives a clear example: when the purchase is conditional on getting a loan and the loan is refused, the buyer is released and the deposit must be returned (it cites consumer law protections around loan conditions). 

Responsibilities at this step

Buyer:

• Pay on time, provide source-of-funds evidence if requested.

Notaire / Agent holding funds:

• Hold the deposit correctly and return it if legally due (e.g., withdrawal, failed condition).

Seller:

• Cannot demand early payment contrary to withdrawal protections; must respect the legal framework for release/return.

4) Review conditional clauses (conditions suspensives) — e.g., subject to mortgage approval

Why this step is where buyers “win or lose”

Conditions suspensives are your legal safety nets. They allow the sale to proceed only if specified future events happen.

Notaires.fr explains the logic: a condition suspensive depends on a future uncertain event—classic example is obtaining a loan; if refused, the buyer is freed and the deposit should be returned. Notaires.fr also underlines that where financing is involved, French consumer protection means the sale is concluded subject to financing conditions. 

The most common conditions buyers should consider

• Mortgage clause (obtention de prêt):

  • Specify maximum interest rate, minimum loan amount, maximum term, deadline to obtain offers, and number of banks you will apply to.

  • Be realistic: if you set impossible terms and then “fail”, the seller may argue you didn’t act in good faith.

• Septic / drainage condition:

  • Particularly important if not connected to mains drainage and the inspection shows non-compliance.

• Planning / works condition:

  • If your project depends on permission (e.g., gîte conversion, barn conversion, pool).

• Sale of your existing property (less popular with sellers, but sometimes agreed).

• Right of pre-emption outcomes (in some areas/entities) — your notaire will handle the formal notices where relevant.

Things to be aware of (practical and legal)

• Deadlines matter. If your mortgage condition says you must have applied by X date and you don’t, you can lose protection.

• Evidence matters. If the loan is refused, you usually need formal refusal letters within the timeframe.

• Keep conditions targeted. Too many vague conditions can spook sellers and delay drafting; use the ones that genuinely protect you from big financial risk.

What can stop things here

• Mortgage refused.

• Septic compliance failure with expensive mandatory works.

• Planning limitations (protected zones, easements, non-conforming buildings).

• Missing copropriété approvals or major works issues that change the economics.

Responsibilities at this step

Buyer:

• Apply for financing promptly and keep evidence.

• Commission any optional surveys you want (see step 5), fast enough to act within withdrawal/condition deadlines.

Seller:

• Cooperate with access for inspections and provide accurate information.

Agent:

• Coordinate access, help keep the timeline moving, and ensure the buyer understands what is/isn’t standard.

Notaire:

• Draft clauses that are legally workable and reflect what the parties agreed.

5) Obtain property surveys or diagnostics (DPE, asbestos, lead, septic system, etc.)

Two different things people mix up

1. Mandatory seller diagnostics (legal requirement)

2. Optional buyer surveys (extra reassurance you choose to commission)

A) Mandatory seller diagnostics (the DDT pack)

Service-Public states that the seller must group required diagnostics into a Dossier de Diagnostic Technique (DDT) and attach it to the promesse or the sale deed. This pack can include (depending on the property):

• DPE (energy performance) 

• Asbestos (notably if building permit pre-July 1997) 

• Lead (older properties)

• Electricity/Gas safety (installations over 15 years are common triggers) 

• Termites (in designated zones)

• Natural/technological risks (ERP)

• Non-collective sanitation (septic) — often via SPANC inspection where applicable (commonly provided in the sale file when relevant)

Why diagnostics can stop or renegotiate a deal

• Bad DPE (heat-loss and future renovation cost implications).

• Asbestos/lead findings (management/removal costs).

• Electrical safety issues.

• Septic non-compliance (can mean mandatory works and a deadline after purchase).

• Inconsistencies: if diagnostics contradict what you were told (e.g., “new electrics” vs report).

B) Optional buyer surveys (highly recommended for houses)

France doesn’t have the same routine “full building survey” culture as some countries, so many buyers commission their own:

• structural survey (cracks, roof, damp),

• drainage/CCTV survey,

• timber/rot inspection,

• costed renovation assessment.

If you’re buying an older stone house, a long-empty property, or anything with visible cracking/damp, an independent survey can be money very well spent—especially because it helps you decide within the withdrawal window or shape your conditions.

Responsibilities at this step

Seller (vendor):

• Must provide the required diagnostics (DDT) and ensure they are valid and correctly included in the file. 

Agent:

• Ensure diagnostics are obtained and provided to the buyer in the run-up to signing.

• Arrange access for any buyer-commissioned inspections.

Buyer:

• Read the diagnostics carefully (don’t just file them away).

• Commission any optional surveys early enough to act (withdraw, renegotiate, or trigger conditions).

Notaire:

• Check diagnostics are present/attached as required and ensure the legal file is complete for signing and completion.