Preliminary Discussions and Agreement in Principle
Before any formal steps are taken, the buyer and seller usually agree on the main terms: price, property details, and conditions. These are discussed either directly or through intermediaries (real estate agents, etc.).
Signing of the 'Compromis de Vente' (Preliminary Sale Agreement)
The compromis de vente or promesse unilatérale de vente is the first legally binding document. It outlines the agreement’s main terms, including:
- The selling price
- Conditions precedent (such as loan approval)
- Estimated signing date of the final deed
This can be signed at the notaire’s office or via private deed (sous seing privé). After signature, the buyer has a 10-day withdrawal period.
Legal and Administrative Checks
After the preliminary agreement is signed, the notaire begins a series of checks:
- Title verification
- Urban planning documents
- Mortgages or encumbrances
- Preemption rights
- Co-ownership documents (if applicable)
This stage typically lasts 2 to 3 months.
Financing and Loan Offer (if applicable)
If the buyer is financing the purchase via a mortgage, they must obtain a formal loan offer. This process can take several weeks and is often a suspensive condition in the preliminary agreement.
Signing of the 'Acte de Vente' (Final Deed of Sale)
Once all verifications are completed and financing is secured, the parties meet to sign the final deed at the notaire’s office. At this point:
- The buyer pays the full price and notary fees
- The keys are handed over
- The notaire registers the new ownership with the land registry
Post-Sale Formalities
After the sale, the notaire:
- Pays relevant taxes on behalf of the buyer
- Registers the transaction at the French land registry (Service de Publicité Foncière)
- Sends an authenticated copy of the deed to the buyer (this may take a few months)
The notaire retains the original deed (minute).
