General information, not legal or tax advice. Rules change and depend on your situation; have your own case checked by the notaire or an adviser in France (and in the country where you live).
A French home sale has two signing moments. First the seller and buyer sign a preliminary contract, the avant-contrat: a compromis de vente or a promesse de vente. Then, usually a few months later, they sign the final deed, the acte authentique, before a notaire. Between the two, the buyer has a legal withdrawal period, the notaire runs a series of checks and the buyer arranges the financing. This guide takes you through every step, so you know what to expect and what you can prepare.
1. Before you have a buyer: get the file ready
Prepare the dossier de diagnostic technique before you advertise: the energy rating (DPE) must appear in your listing, and the risk statement must be handed over at the first visit. Collect your title deed and, for an apartment, the copropriété documents. Our guide to the documents you need lists everything.
It also pays to choose your notaire early. Buyer and seller may each have their own notaire, who then work together on the same file; that does not change the procedure.
2. The offer
A buyer who wants your home makes an offer, normally in writing, with the price and any conditions, such as a mortgage. You can accept, refuse or make a counter-offer. Once you agree on the price and the main conditions, the next step is the preliminary contract. Until it is signed, neither side is bound to the sale.
3. The avant-contrat: compromis or promesse
The preliminary contract is not compulsory, but it is the usual route. It fixes the price, the conditions and a target date for the deed. There are two forms, according to service-public.fr:
| Compromis de vente | Promesse unilatérale de vente | |
|---|---|---|
| Who is bound | Both seller and buyer commit to the sale. | The seller commits; the buyer gets an option to buy within a set period. |
| Money at signing | Often a deposit (dépôt de garantie); not required for validity. | An indemnité d'immobilisation, which compensates the seller for taking the home off the market. |
Both can be signed as a private agreement (sous seing privé) or before a notaire. A notarial form is compulsory when the seller is a private person and the promesse runs, or is extended, for more than 18 months. In practice many sellers have the notaire draft the avant-contrat anyway, because the notaire checks the file at that point too.
The technical reports (DDT) and, for an apartment, the copropriété documents are attached to the avant-contrat.
4. Suspensive conditions
The avant-contrat usually contains conditions suspensives: conditions that must be met before the sale goes ahead. The most common one is that the buyer obtains a mortgage. According to service-public.fr, the period for the loan condition must be at least one month. If a condition is not met, for example because the bank refuses the loan, the buyer can withdraw without penalty under the terms of the contract.
5. The buyer's 10-day withdrawal period
A private buyer of a home has a délai de rétractation of 10 calendar days. It starts the day after the signed avant-contrat has been notified to the buyer, for example by registered letter. During those days the buyer can withdraw without giving a reason and without cost, by notifying the seller by registered letter with acknowledgment of receipt.
One trap for sellers: if the état des risques was not supplied by the time the avant-contrat is signed, the 10 days only start the day after the buyer receives it. A missing document therefore extends the uncertainty.
If there is no avant-contrat and you go straight to the deed, the notaire sends the buyer the draft deed and the buyer has a 10-day reflection period before signing.
6. What the notaire checks
Between the avant-contrat and the deed, the notaire prepares the sale. According to notaires.fr this includes checking the planning situation (urbanisme), the mortgages and charges registered on the property, and any rights of pre-emption: in some areas the municipality can buy the property in place of the buyer, and the notaire sends it a declaration of intent to sell. Notaires.fr indicates that roughly two to three months usually pass between the avant-contrat and the deed.
As the seller, help by answering the notaire's questions quickly: about works, the copropriété, your mortgage, your marital status and your tax situation as a non-resident. Our guide on capital gains tax for non-residents explains what the notaire will ask.
7. Signing the acte authentique
On the agreed date, buyer and seller sign the final deed. This happens at the notaire's office or remotely, according to notaires.fr. The price is paid at this moment, through the notaire. From then on the buyer is the owner and receives the keys.
Cannot be there? You can sign through a power of attorney (procuration), so that someone else signs on your behalf. Ask the notaire well in advance which form is needed and whether it must be signed before a notary or consulate in your country of residence.
8. After signing
- The notaire registers the sale with the land registry (service de la publicité foncière) and provides certificates of the sale.
- If a capital gains tax is due, the notaire files the return and pays it out of the sale price.
- Any mortgage is repaid and released, and you receive the balance of the price.
- Cancel or transfer your contracts: insurance, energy, water and internet. For an apartment, the syndic is informed of the new owner.
The steps at a glance
- Prepare the documents and diagnostics; advertise with the DPE classes.
- Receive and accept an offer.
- Sign the compromis or promesse, with the DDT attached.
- The buyer's 10-day withdrawal period runs.
- The buyer arranges financing; the notaire runs the checks.
- Sign the acte authentique, in person or by procuration.
- The notaire registers the sale, settles the tax and pays out.
Want help preparing your sale? Create your free account and place your home, or read more about selling your house in France and the Dordogne.
