Understanding the Compromis de Vente — France’s Preliminary Property Sale Contract

When buying a property in France, one of the most important legal milestones is signing the compromis de vente. This document serves as a formal promise between the buyer and seller to complete the sale and lays out all the essential terms of the transaction. It’s often described as the “preliminary contract” — but in French law, it is legally binding once signed.

What Is the Compromis de Vente?

The compromis de vente is a written agreement that defines the property being sold, the agreed purchase price, and the conditions under which the sale will go ahead. It represents a mutual commitment:

• The seller agrees to sell the property to the buyer.

• The buyer agrees to buy it, subject to certain conditions (conditions suspensives).

It is usually drawn up by a notaire (French public notary) or sometimes by an estate agent, though a notaire’s version is more secure as they ensure it complies fully with French law.

The Cooling-Off Period

Once the compromis is signed, the buyer benefits from a 10-day cooling-off period (délai de rétractation). During this time, the buyer can withdraw from the purchase for any reason — without penalty.If the buyer changes their mind within this period, they must inform the seller or notaire by registered letter (lettre recommandée avec accusé de réception).

The Deposit

On signing, the buyer typically pays a deposit of 5–10% of the agreed purchase price.

• This sum is held in a secure escrow account by the notaire or agent.

• If the buyer later withdraws after the cooling-off period without valid reason, the deposit may be forfeited to the seller.

• If a condition suspensive (such as a mortgage refusal) is not met, the buyer will usually receive a full refund.

Conditions Suspensives (Protective Clauses)

These are vital clauses that protect the buyer if certain conditions aren’t met. Common examples include:

• Mortgage approval – if the buyer cannot obtain a loan on the terms specified, the sale is cancelled without penalty.

• Planning permissions – where the purchase depends on building or renovation approval.

• Right of pre-emption – the local authority’s right to buy the property first.

If any of these fail, the compromis de vente automatically becomes void.

The Notaire’s Role

The notaire is a key player in the French property system — they act as a neutral public officer to ensure that both buyer and seller are legally protected. They check:

• Ownership and land registry details

• Outstanding mortgages or debts on the property

• Compliance with planning laws

• Energy and safety reports (diagnostics immobiliers)

The notaire usually takes around two to three months after signing the compromis to complete the checks and prepare for the final signing.

The Final Step: Acte de Vente

Once all conditions are satisfied, both parties sign the acte de vente (final deed of sale). This is when ownership legally transfers to the buyer and the remaining balance, notary fees, and taxes are paid. The buyer then receives the keys and becomes the new legal owner.

Key Takeaways

• The compromis de vente is a binding contract between buyer and seller.

• The buyer has a 10-day period to withdraw freely.

• Deposits are typically 5–10% of the sale price.

• Conditions suspensives protect the buyer from unforeseen issues.

• A notaire ensures the transaction is legally compliant and secure.

Why It Matters for Buyers Moving to France

For international buyers, especially those purchasing from abroad, understanding the compromis de vente is essential. It’s not just a formality — it’s the foundation of your property purchase. Taking time to review it carefully, ideally with your own bilingual advisor or notaire, ensures peace of mind and avoids costly surprises later on.