The sale process

Who prepares the compromis de vente?

The compromis de vente can be prepared either by the estate agent or by a notaire. Many buyers - especially those unfamiliar with French property law – prefer to have the contract drafted by a notaire, who is a public official legally obliged to act impartially.

If the seller already has a notaire, the buyer can choose to use the same one or appoint their own. Appointing your own notaire is common and does not increase costs, as both notaires are required to share a single fixed fee and act independently in the interests of the transaction.

Signing from abroad

It is possible to buy property in France without being present for the acte de vente (final sale deed), though attending in person is generally preferable. 

French law requires all parties to be present, but a power of attorney can be used to allow someone else – often a notaire’s clerk, a local friend, or family member – to sign on your behalf.

To use this option:

• You must sign the power of attorney in the presence of a notary public in your home country.

• The document may need to be legalized with an apostille to confirm its authenticity.

• Some notaires also offer remote signing via video conference, verifying your identity with a passport and witnessing the signature.

The earlier compromis de vente does not require the same formalities and can usually be completed without being in France.

The cooling-off period

French law provides buyers with a 10-day cooling-off period (délai de rétractation) after signing the compromis. During this time, the buyer can withdraw from the purchase without giving a reason and without penalty. Any deposit paid must be refunded in full.

Once the cooling-off period has passed, the compromis de vente legally binds both buyer and seller, subject to agreed conditions and notarial checks. At this stage, the notaire begins verifying the seller’s ownership, confirming the property can legally be sold, and completing administrative and legal searches.

The contract sets out:

• the property being sold

• the agreed price

• the intended completion date, usually two to three months ahead to allow time for checks

• other key terms, including the guarantee of vacant possession

If contents are included in the sale, an inventory (inventaire) should be attached with a separate price allocated. The compromis is usually signed at the notaire’s office, but if you cannot attend, it may be posted for signing, or you can give a power of attorney to a local representative, including the notaire’s clerk.

It is generally safer to pay your deposit (5-10%) directly to the notaire rather than the estate agent, as this reduces the risk of problems if the sale falls through. Deposits are normally only refundable if the sale fails for reasons attributable to the seller; otherwise, the deposit may be forfeited.

What happens next

After signing the compromis de vente, there is typically a two- to three-month period before the acte de vente is completed. 

This gap allows the notaire to carry out all the necessary legal and administrative checks, including verifying the seller’s ownership, ensuring the property can legally be sold, checking for mortgages or other charges, and confirming compliance with planning or co-ownership rules. It also gives the buyer time to arrange financing if a mortgage is required. 

This period is built into the completion date stated in the compromis and can sometimes be extended if searches take longer or if there are delays in securing a loan. 

During this time, the sale is effectively binding, subject to the clauses suspensives, which must be satisfied for the contract to proceed to the final signing.

Clauses suspensives (conditions precedent)

The compromis typically includes clauses suspensives, which are conditions that must be fulfilled for the sale to proceed:

• Mortgage clause: If a loan is required, this clause makes the sale dependent on securing the specified mortgage. If financing cannot be obtained, the contract can be cancelled and the deposit returned. Buyers who do not need a mortgage can waive this clause by adding a handwritten statement to that effect.

• Droit de préemption (right of first refusal): Certain parties – such as the local mairie, co-owners, sitting tenants, or agricultural agencies like Safer (Sociétés d'aménagement foncier et d'établissement rural), which manages the use of rural land – may have the right to purchase the property first. If exercised, the sale can be cancelled.

• Other conditions: The contract may allow the seller to cancel under specific circumstances, often refunding the deposit plus a small penalty.

These clauses suspensives provide protection for both buyer and seller while the notaire completes necessary legal checks, ensuring the property can be smoothly transferred at the acte de vente stage.

Completion of the sale

The final stage of buying property in France is the acte de vente, the formal deed of sale. This document is the legal proof that ownership has transferred from the seller to the buyer.

The acte de vente is usually signed at the notaire’s office, with all parties present. For buyers abroad, signing via power of attorney or sometimes remotely via video conference is available.

The deed itself is often lengthy and includes annexed reports such as energy performance certificates, surveys, and any prior agreements. 

Traditionally, it is provided as a folded A4 paper copy on colored card, often running to hundreds of pages. 

Increasingly, however, deeds can now be signed electronically (acte authentique électronique), with signatures applied via tablet and the official electronic copy sent directly to the Land Registry.

Transfer of funds and keys

On completion, the buyer pays the remaining balance of the purchase price, usually via bank transfer to the notaire, who then disburses funds to the seller after deducting taxes and fees. 

The notaire ensures all conditions of the sale are met and that the property can legally be transferred. Once the acte de vente is signed and funds transferred, keys are handed over, and the buyer takes possession.

Property registration and copies

After the sale, the notaire registers the property at the local land registry (cadastre). This process can take six to 12 months. 

Meanwhile, the buyer receives a short attestation de vente, which serves as proof of ownership. 

Once registration is complete, the owner receives an official copy (copie authentique), often with a stamp or seal confirming registration and payment of taxes.

If a copy is lost, a replacement can be requested via from the notaire.

Costs and budgeting

Buying property in France involves more than just the purchase price. Buyers should budget for notaire fees, taxes, and other charges in addition to the agreed property price.

Notaire fees and taxes

What are commonly referred to as notaire fees actually include:

• 80% taxes and duties paid to the authorities

• 10% disbursements (e.g., registration, cadastral searches)

• 10% notaire’s professional fee

For a typical purchase, fees are calculated as a percentage of the purchase price, generally ranging between 7% and 8% for older properties and slightly less for new builds. 

Fixed-fee services, such as drawing up a will, are billed separately (e.g., €135.83), while property purchases are based on percentage scales.

Other charges to budget for:

• estate agent fees (if applicable), often paid by the seller and included in the advertised price

• mortgage arrangement costs, including bank fees, valuation, and insurance if financing the purchase

• property taxes, including taxe foncière and, for second homes, taxe d’habitation where applicable (this may include settling the seller’s taxes for the year)

• energy efficiency upgrades: properties rated F or G may require audits or renovations, which could affect costs if improvements are planned for rental purposes

• ongoing costs, such as utilities, maintenance, insurance, and community charges for co-owned properties (copropriété)

The notaire will typically invite the buyer and seller to settle ongoing expenses after signing the acte de vente.