France's preliminary property purchase agreement — a binding contract signed before the acte authentique, with a deposit and a 10-day cooling-off period for buyers.
The compromis de vente is France's preliminary property purchase contract — a binding agreement between buyer and seller that commits both parties to the transaction before the final notarial deed (acte authentique de vente) is signed. In France, the compromis de vente functions as both exchange and pre-completion contract, and it triggers a critical 10-day cooling-off period that protects buyers of residential property.
Under French law (Article L271-1 of the Code de la Construction et de l'Habitation), buyers of residential property have an unconditional 10-day right to withdraw from the compromis de vente after receipt of the signed contract. During this period, the buyer may cancel the agreement for any reason and receive their deposit back in full. The withdrawal must be sent by registered post (lettre recommandée avec accusé de réception) within the 10-day window. After this window closes, the compromis becomes fully binding on the buyer.
A deposit of 5–10% of the agreed purchase price is typically paid by the buyer at the compromis stage, held in escrow by the notaire or agent immobilier. If the buyer withdraws after the 10-day cooling-off period without a valid contractual condition, they forfeit the deposit. If the seller withdraws, they must repay double the deposit to the buyer.
The compromis typically includes conditions suspensives (suspensive conditions). The most important for most buyers is the condition suspensive d'obtention de prêt — a mortgage condition. Under French law, if the buyer includes a mortgage condition in the compromis and their mortgage application is declined, they are legally entitled to withdraw from the compromis and recover their deposit in full. By law, the buyer must apply for a mortgage from at least one lender before withdrawing under this condition.
Between signing the compromis and the acte authentique, the notaire conducts title searches (including checks with the Service de la Publicité Foncière), verifies planning and local authority certificates (certificats d'urbanisme, droit de préemption), and prepares the final deed. This period typically lasts 2–3 months. Non-resident buyers should ensure their French bank account (or a notaire's escrow account) is ready to receive the purchase price funds well before the completion date.
A compromis de vente binds both buyer and seller to the transaction from the outset. A promesse de vente (unilateral promise) only binds the seller for a fixed period — the buyer pays an option fee (indemnité d'immobilisation, typically 5–10%) to secure the right to buy, but is not legally obligated to complete the purchase. The compromis is more common for residential property.
After the 10-day cooling-off period, the compromis is binding unless a valid condition suspensive has not been fulfilled (e.g. mortgage declined). If you withdraw without grounds, you forfeit your deposit. Depending on the seller, they may also pursue damages beyond the deposit. Always act within valid contractual mechanisms rather than simply walking away.
In France, the notaire handles the conveyancing process and represents both parties. However, a French property lawyer (avocat) can provide independent advice on the terms and conditions of the compromis before you sign. This is particularly valuable for non-French buyers who may not be familiar with French property law and the implications of the conditions suspensives.
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