
Buying property
From offre d'achat to the acte authentique — who does what, when money moves, and the two points where buyers most often lose leverage.
Buying a house or property in France can seem rather complex and confusing at first. Imagine you've finally found the house that meets your expectations — you visited it twice with your real estate agent, and you're now standing in the garden picturing where the table will go on summer evenings. The hard part is over, you think.
It isn't. The hard part — the part that actually determines what you pay and what you're protected against — is only just beginning.
This is not said to discourage you. The French system is, in many respects, one of the most buyer-protective frameworks in Europe. The law has built in cooling-off periods, mandatory disclosures, compulsory inspections, and a regulated professional — the notaire — whose entire function is to ensure the transaction is clean and legally sound. These are not small things. But they require you to understand them, and to use them, rather than treating the paperwork as something that happens around you while you focus on the curtains.
I want to walk you through the process honestly and in some detail, because I've watched — and lived — how much of it is invisible until you're inside it. The goal of this article is to make sure you are never surprised by what comes next.
The first mistake I see buyers make is treating the asking price as a starting point for polite haggling rather than as a number to be tested. French sellers, like sellers everywhere, price partly on hope. The only real antidote is knowing what comparable properties have actually sold for in the same commune — ideally the same street — over the past twelve to eighteen months. Not what's currently listed, which tells you what people are asking, but what has closed, which tells you what people are actually paying.
There is a publicly accessible database called the DVF (Demandes de Valeurs Foncières) which records all real property transactions across France. It is updated annually and is free to search. Looking at it before you make any offer is one of the most useful things you can do, and it costs nothing but a few minutes.
At France Made Easy, we cross data from several sources in order to establish a bracket of what could be a fair price. Several factors will ultimately determine the final price beyond the raw comparable figures: the eagerness of the present owners to move (sellers in a hurry have less leverage than they want you to think), the local housing taxes (taxe foncière), the costs of potential repair work surfaced in the diagnostics, and the general state of supply and demand in that particular micro-market.
The negotiation phase also determines something beyond price: it determines what you know going in. A buyer who has done their homework on comparable sales, on the local tax burden, and on the likely cost of any renovation work enters the process with genuine leverage. A buyer who has merely fallen in love with a property enters it without any.
This leverage — once yielded — is very difficult to recover. Which brings us to the first step.
The offre d'achat is your first formal move. It is a written offer, at a specific price, usually with a short validity period — typically 48 to 72 hours. In principle, an offer can be made verbally, but you always want it in writing. This is your first real documented negotiating position, and it is the moment where your homework on comparable prices either pays off or doesn't.
What should a written offer contain? At minimum: the offered price, the address and cadastral reference of the property, a validity deadline, and — if relevant — a note that the offer is conditional on your ability to obtain mortgage financing. Including that financing condition from the very first document is important, because it flags to the seller that you are buying subject to credit, which they need to know, and it begins establishing the paper trail that will matter later if you need to exercise your rights.
There is some debate in France about whether a signed offre d'achat creates a legally binding commitment. The answer depends on its wording and the circumstances. If it is clearly worded as an offer and is accepted in writing, some courts have found that it creates an enforceable preliminary agreement. For this reason, it is worth being deliberate about the language. The offer should express your serious intention — that's its commercial function — without inadvertently waiving protections you'll want later.
If the seller counter-proposes a different price, you're in negotiation. This exchange of offers and counter-offers can happen by email, by letter, or via the estate agent. Document everything. Never leave a price agreement in a verbal form that neither party can verify.
Once the seller accepts your offer in writing, both parties are morally and — depending on the wording — sometimes legally committed to proceed toward a compromis. This is the first of the two points where buyers most often lose leverage.
Once an offer is accepted, the psychological momentum shifts. The seller starts thinking of the sale as done. You start thinking of the house as yours. The agent, whose commission depends on a completed transaction, starts moving everyone toward the next signature. This is entirely natural, and it is not necessarily anyone's fault — but it is a moment to be aware of.
What's important here is that acceptance of the offer does not mean you stop verifying. It is precisely now — between acceptance and the signing of the compromis — that you need to be doing your most careful reading. This is the window in which the seller is required to provide you with a package of documents: the last three years of charges (for apartments in a copropriété), the procès-verbaux of the general meetings, the règlement de copropriété, the état de la copropriété, and information about any ongoing litigation. For houses, you'll receive the diagnostics file (though it may not yet be complete), the planning file, and any information about works to the property. Read these. Or have someone read them for you who knows what to look for.
The gap between acceptance and signature is shorter than buyers often expect. A week is common. Two weeks is generous. This is not the time to be passive.
Critical leverage point: The conditions you agree here — and whether you use them later — will determine your protection throughout the purchase.
The compromis de vente is the real contract. It is a detailed preliminary agreement that covers the agreed price, the expected completion timeline (typically two to three months from signing), and — critically — a list of conditions suspensives (suspensive conditions) that must be satisfied for the sale to legally proceed. If a condition suspensive is not met, you are entitled to withdraw from the purchase and recover your deposit in full. No penalty. No dispute.
The most common condition suspensive is obtaining mortgage financing on specified terms. This condition must specify: the amount borrowed, the maximum interest rate accepted, the loan duration, and the latest date by which you must have the offer in hand. Getting these terms right — not too loose, not too tight — is important. If you specify a maximum rate that no bank will meet, and you genuinely cannot finance without a mortgage, you're protected. If you leave the terms vague, a seller's notaire may argue later that you failed to genuinely try to secure financing.
Other conditions suspensives you may wish to include: the absence of pre-emption rights being exercised by the commune or another party; the grant of a specific planning permission (permis de construire) for any intended works; the satisfactory outcome of a structural survey (though this is less common in France than in the UK); or a specific outcome from the technical diagnostics.
At signing, you will pay a deposit — the indemnité d'immobilisation or dépôt de garantie — usually between five and ten percent of the agreed price. This money is held in escrow by the notaire, not by the seller or the agent. If the sale completes, it counts against the total price. If a condition suspensive is not met, it is returned to you. If you withdraw for any other reason (i.e., after the rétractation period, without a valid condition being triggered), you lose it.
This is also the second point where buyers most often lose leverage — not at the moment the conditions are written into the compromis, but later, when a survey or diagnostic turns something up after the rétractation period has passed, and the buyer, already emotionally and financially committed, negotiates from a much weaker position. The conditions suspensives protect you legally, but only if you actually use them rather than talk yourself out of them because you've fallen in love with the house.
A word about notaires at this stage: both parties can — and I generally advise should — appoint their own notaire. This does not cost more. The fees are fixed by the state and are divided between the two offices. Having your own notaire means having someone whose sole client is you, reading the compromis with your interests in mind.
Once you have signed the compromis de vente and received notification of the signing (typically by registered letter from the notaire), a ten calendar day clock begins. During these ten days, you have the absolute and unconditional right to withdraw from the purchase for any reason at all. No explanation required. Your deposit is returned in full.
This is a genuine, unconditional cooling-off period — one of the more buyer-friendly features of French property law, and worth knowing about before you sign anything. It exists because the French legislature recognised that signing a contract to buy a property is a significant moment that can occur under pressure, in the excitement of having found something you love, or simply before you've had time to think clearly. The délai de rétractation is the legislature's answer to that: a clean window in which no decision is irreversible.
How do you withdraw during this period? By sending a registered letter (lettre recommandée avec accusé de réception) to the notaire within the ten-day window. The letter need not cite reasons. It should simply state that you are exercising your right of rétractation under article L.271-1 of the Code de la Construction et de l'Habitation.
After the ten-day window closes, the contract becomes binding on both parties (subject to the conditions suspensives). This is why it's important not to treat the délai de rétractation as a formality — it's your cleanest exit, and once it closes, the cost of changing your mind rises dramatically.
One practical note: the ten days are calendar days, not working days. The clock starts the day after you receive the registered letter from the notaire confirming the signing — not on the day of the signing itself. If the tenth day falls on a weekend or public holiday, the deadline extends to the next working day.
The dossier de diagnostic technique (DDT) is a mandatory bundle of technical surveys that must be annexed to the compromis de vente before the sale can proceed. The exact content of the bundle depends on the age, location, and type of the property, but in most cases it will include assessments covering: the presence of lead in paintwork (for buildings built before 1949); the presence of asbestos (for buildings built before 1997); the risk of termite infestation (in designated risk zones); the energy performance of the property (DPE — Diagnostic de Performance Énergétique); the state of the electrical and gas installations (for installations more than fifteen years old); exposure to natural and technological risks (ERNMT); and the state of the non-collective sanitation system (for properties not connected to mains drainage).
The diagnostics are carried out by an independent, accredited diagnostiqueur — a technical inspector. The seller arranges and pays for the diagnostics. The diagnostiqueur is required to be impartial, and carries professional liability insurance for their findings.
In practice, the diagnostics are often already compiled before the compromis is signed — the estate agent will typically have them ready. But if they are not, the compromis will note that they are to be provided within a specified period, and your rétractation period begins only once they have been received.
The important thing to understand about the DDT is that it exists to inform you, not simply to satisfy a legal formality. Read the reports properly. The DPE in particular has become increasingly significant: properties with very poor energy ratings (F or G) are subject to restrictions on rent increases if you intended to let the property, and there are upcoming requirements to carry out energy improvement works. If the electrical or gas report reveals installations that do not meet current norms, that is information that changes your price calculation.
If something material turns up in the diagnostics — something that genuinely affects the value or the cost of ownership — this is a moment to renegotiate, not to ignore. A buyer who notices a significant issue and says nothing is leaving money on the table. A buyer who uses the diagnostics as a basis for a price revision, or for requiring the seller to remedy a specific defect before completion, is using the process as it was designed to be used.
If your purchase is conditional on mortgage financing — as most purchases by non-cash buyers are — the bank now formally reviews the file and issues a loan offer (offre de prêt). This is the formal, regulated offer that your condition suspensive is tied to.
By law, the loan offer must remain open for at least thirty days from the date you receive it, and you have a mandatory ten-day reflection period after receiving it before you can formally accept. This waiting period is not optional — it is designed specifically to prevent buyers being rushed into debt, and a lender who attempts to circumvent it is acting unlawfully.
The practical timeline at this stage is often the longest part of the process. French banks vary considerably in their efficiency, and the period between the signing of the compromis and the receipt of a loan offer can run anywhere from four to ten weeks. The compromis will have specified a deadline by which the loan must be obtained — typically two to three months after signing. If the bank has not issued an offer by that date and you wish to withdraw, you should seek advice on how to document this carefully.
A few practical points about French mortgage financing worth knowing if you are approaching this as a foreign buyer: French lenders are generally cautious about lending to non-residents, and the criteria — particularly around income stability and debt-service ratios — are applied strictly. The debt-service-to-income ratio cannot exceed 35% under the rules issued by the Haut Conseil de Stabilité Financière. For buyers whose income is from pensions or rental income, demonstrating this cleanly in a format the bank recognises can take time. Beginning this process before you have found a property — obtaining a preliminary financing agreement or at least having a detailed conversation with a mortgage broker — is almost always worth it.
While financing is being arranged, the notaire is working in parallel on the legal groundwork that makes the eventual transfer clean and enforceable. This phase is largely invisible to you as a buyer, but it is arguably the most important structural work of the transaction.
The notaire's due diligence at this stage covers several things. They verify the seller's title — that the seller is actually the legal owner of what they are purporting to sell, and that no other party has a prior claim. They check the land registry (cadastre) to confirm the boundaries of the plot. They investigate whether there are any mortgages or liens on the property that need to be discharged before title can pass cleanly. They check for pre-emption rights — particularly the commune's droit de préemption urbain (DPU), which gives the local municipality the right to step in and purchase the property themselves at the agreed price, typically within two months of notification. They also check for any servitudes — rights of way or other easements — that affect the land.
The notaire at this stage will also draft the final deed — the acte authentique — and will send both parties a draft to review before the signing appointment. You should read this draft carefully and raise any questions before the final signing. Once the acte authentique is signed, the transaction is complete and the property is yours: there is no undoing it without legal proceedings.
If you have appointed your own notaire, they will receive and review all the same information as the seller's notaire, and will co-sign the final deed. Their presence is an additional layer of protection: a second set of expert eyes on everything the seller's notaire has found, with the explicit brief of protecting your interests.
The acte authentique is the final deed. It is signed, usually at the notaire's office, by both parties — or by proxy, if one party cannot attend in person. A power of attorney (procuration) is a straightforward document in French law, provided it is properly prepared in advance. If you are purchasing from another country and cannot travel to France for the signing, this is the usual solution.
At the moment of signing, several things happen simultaneously. The balance of the purchase price — everything above the deposit already held in escrow — is paid. This payment goes to the notaire's escrow account, not directly to the seller, and the notaire then disburses the proceeds: the purchase price to the seller, any mortgage discharge to the seller's bank, transfer taxes and notaire fees to the relevant authorities, and the agent's commission to the agent.
Ownership formally transfers at the moment the deed is signed. From that moment, the property is yours: the risks, the responsibilities, the joys, and the obligations of ownership all pass to you. Keys are handed over — often literally, at the same meeting, an act that is both practical and symbolically satisfying after a process that has taken several months.
The notaire then registers the transfer with the land registry. This registration takes some weeks but is effective from the date of signature for most practical purposes.
One thing worth noting: the costs at this stage — popularly referred to as "notaire fees" — are substantially transfer taxes. Of the total "frais de notaire" typically quoted at seven to eight percent of the purchase price for an older property, the notaire's own professional fees are a relatively small fraction. The majority goes to the state as droits de mutation (transfer duty) and various registration taxes. For new constructions, the frais de notaire are significantly lower (around two to three percent) because the VAT is incorporated into the purchase price differently.
Eight steps, several people, and two moments — offer acceptance, and the quiet period after the rétractation window closes — where the temptation is to stop negotiating right when you most need to keep your nerve.
Everything else in the process is procedural. It takes time. It requires documents. It involves professionals who communicate in formats unfamiliar to buyers from different legal systems. But the procedural parts are, by definition, things that happen to a predictable pattern. The two leverage points are different: they are moments where the outcome depends not on what the law requires, but on what you decide to do.
At the moment of offer acceptance, you can still renegotiate if the documents the seller provides reveal something material. After the rétractation window closes, you can still exercise a condition suspensive if the facts warrant it — but only if you have the conditions written in cleanly and the nerve to use them. The conditions protect you legally, but they do not use themselves.
At France Made Easy, we have accompanied buyers through all eight of these steps, in all their variations. The transactions that go smoothly are not always the ones where nothing goes wrong — they are the ones where the buyer understood what was happening and was ready to act when it mattered. That, more than anything, is what this guide is meant to give you.
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