BienCheck pillar guide
Sale agreement, don't sign blind
Written by Mathieu Delranc
Founder of BienCheck · View author profile
The compromis is the real commitment. After it, you're stuck. Before it, you're free. Too many buyers sign without reading the clauses, without asking, because they trust the agent or fear losing the property.
This guide gives you everything to check before signing, the suspensive clauses to demand, how to walk away cleanly, and the classic traps that cost thousands.
Compromis vs promesse, the difference
Two contracts exist in France to formalise an agreement before the deed: the compromis (officially "promesse synallagmatique") and the unilateral promise. People confuse them. The difference matters big-time if the deal falls apart.
- Compromis. Binds both parties. If one walks without a valid clause, the other can force the sale in court or keep the deposit.
- Unilateral promise. Binds only the seller. Buyer pays an immobilisation fee (5 to 10%), forfeit if they don't exercise the option.
- Which one?. Sellers prefer the compromis (buyer is locked in). Buyers prefer the promise (more flexibility). 80% of sales go through compromis.
What a compromis must contain
A properly drafted compromis runs 15 to 25 pages. Short is suspicious. Here are the mandatory sections.
- Identity of parties. Full civil status, marital regime, legal capacity.
- Property designation. Address, land-registry refs, Carrez surface, annexes (cellar, parking, balcony).
- Title chain. Owners over the past 30 years, to check the title.
- Price and payment. Net seller price, furniture stripped out, fees on you.
- Suspensive clauses. Loan, planning, condo. Without them, you're trapped.
- Deposit. Amount and recipient (notary or estate-agent escrow account).
- Deed date. Typical: 2 to 3 months after compromis.
- Mandatory annexes. Diagnostics, ERP, condo regulations, AGM minutes, maintenance log.
The suspensive clauses to demand
A suspensive clause is a condition that must be met for the sale to go through. If it isn't, the sale falls and you get your deposit back. It's your safety net.
The loan clause is mandatory if you're financing (Scrivener Act). Others must be added in drafting. The agent won't offer them spontaneously, you have to ask.
- Mortgage. Exact amount, term, maximum rate. If the bank refuses at those terms, the sale falls without penalty.
- Planning. No adverse planning project (road, zoning, expropriation) in the planning info note.
- Condo. No major resolution voted at AGM between compromis and deed. €30,000 façade voted in between = you walk.
- Undisclosed easements. Discovered serious easement (right of way, view, pipeline) lets you walk.
- Sale of current home. If you need to sell first to finance, must be in writing with deadline.
- Loan insurance. If refused for medical reasons, exit possible without penalty.
- Building permit / declaration. If purchase assumes extension or use change, the permit conditions the sale.
Deposit: how much, to whom
Deposit, or immobilisation fee, is paid at compromis signing. Typically 5 to 10% of price. On a €300,000 property, that's €15,000 to €30,000 to mobilise at signing.
Payment by cheque or transfer, never cash. The recipient must be an escrow: notary (we recommend) or estate agent with a regulated escrow account. Never direct to the seller.
If you rescind within 10 days: full refund. If you default after: deposit kept by seller. If a suspensive clause fails: full refund too.
The 10-day cooling-off period
The most important buyer protection. You have 10 calendar days after first presentation of the signed compromis (registered post or hand delivery) to rescind without justification.
No reason needed. No penalty. Full refund of deposit. Form: registered letter with acknowledgement of receipt to the seller (or notary), clearly stating rescission. The sending date counts, not receipt.
Only the buyer benefits, and only for residential property (not commercial premises or pure land). The seller is bound from signing.
Timeline between compromis and deed
2 to 3 months typically. Time to: assemble the loan file, get bank offers, clear legal planning delays, check the title, line up the notary's diary.
Typical schedule: D+0 compromis signed. D+10 cooling-off ends. D+30 to D+45 loan offer received. D+55 legal offer-acceptance deadline. D+60 to D+90 deed signed at notary.
If the deadline is too tight (45 days for instance), ask to extend it. Too short = stress, risk of missing the loan clause and being penalised.
Diagnostics and annexed documents
A compromis without full annexes has no real weight. The law requires a Technical Diagnostic Pack (DDT) attached, up to date, dated. Any missing item automatically extends the cooling-off period.
- EPC. 10-year validity. Check the date.
- ERP. Risks and pollution statement. Less than 6 months old.
- Lead (CREP). For pre-1949 properties.
- Asbestos. For pre-1997 properties.
- Termites. In risk zones.
- Gas and electricity. If installation older than 15 years.
- Drainage. If not on mains sewer.
- Carrez surface. For condo lots.
- Condo rules and last 3 AGM minutes. Mandatory in condos. Read in full.
- Maintenance log and reserve fund. To anticipate upcoming major works.
Common traps
Things we see often. Fix before signing, never after.
- Loan clause too loose. Cap at 6% when the market is at 4%. You'll be accepted everywhere, hence trapped. Insist on the market rate.
- Deed date too short. 45 days is too tight with a lender. Ask 75 to 90 days.
- Deposit straight to the seller. Never. Always escrow, notary or agent.
- Voted works not mentioned. The €18,000 façade voted at AGM 6 months ago must appear. Otherwise it's on you.
- Furniture not listed. Kitchen, wardrobes, appliances: list in annex with unit value and invoices.
- Underestimated charges. Ask for the certified charges statement for the last 2 years, not the seller's word.
- Undisclosed easement. Ask for full title and easement register extract.
- Expired EPC. Any expired or missing diagnostic extends your cooling-off. Use it to gain time.
How to walk away cleanly
Three windows to exit without penalty: the 10-day cooling-off, failure of a suspensive clause (loan refusal proven by 2 written bank refusals), or an amicable agreement with the seller.
Outside these windows, you lose the deposit and theoretically face an action for specific performance. In practice, the seller prefers to keep the deposit and relist than fight a long case. But it's a real financial risk.
Mistakes that cost dearly
What can cost up to €30,000 to an unprepared buyer.
- 1
Signing without reading
20 pages. Read them. All.
- 2
Not asking for the precise loan clause
Without a written max rate, you can't walk if the bank offers 5.5%.
- 3
Paying deposit in cash or to the seller
Major legal risk. Always escrow.
- 4
Thinking rescission works by email
Registered letter with receipt mandatory. Email alone = no proof.
- 5
Skipping AGM minutes
Mandatory in condos. Some AGMs vote tens of thousands of euros.
- 6
Not checking diagnostics
2014 EPC on a 2023-renovated property is worthless. Redo it.
- 7
Accepting a deed date too short
If the loan timing isn't realistic, you're on the hook.
- 8
Not listing furniture
You lose the tax advantage on notary fees.
- 9
Signing without your notary
You can bring your own notary alongside the seller's. Cost: zero. Safety: huge.
- 10
Thinking you can renegotiate after
Very hard, except discovery of a defect. Lock everything before.
- 11
Forgetting loan insurance in deadlines
If refused, you must notify before the deadline.
- 12
Not keeping a signed copy
The original goes to the notary. Keep your signed copy and all annexes.
What can hurt in a dispute
Ballpark to grasp the stakes of an uncontrolled signature.
| Case | Typical cost | How to avoid |
|---|---|---|
| Loss of deposit | 5 to 10% of price | €15,000 to €30,000 on €300,000. |
| Undisclosed voted works | €10,000 to €50,000 | Demand all AGM minutes for the last 3 years. |
| Undisclosed easement | 10 to 25% value drop | Ask for title and easement register extract. |
| Hidden defect discovered later | Variable, court action | Visit with an expert before compromis. |
| Mis-calibrated loan clause | Lost deposit + agent fees | Insist on precise rate and term. |
| Missed short deadline | Lost deposit | Ask 75 to 90 days, never 45. |
| Specific performance action | Property price + court fees | Very rare but theoretically possible. |
How BienCheck helps
Before the compromis, we map everything to lock down or strip out.
Suspensive clauses check-list
Tailored to your property (older, new, condo, land).
Undisclosed risk detection
Géorisques, planning, industrial sites: cross-checked before the notary does it.
See risksEPC and works analysis
To anticipate overspend and negotiate accordingly.
See EPCDefensible negotiation margin
To put the right price in the compromis, not the listed one.
See Premium
Sale-agreement FAQ
Compromis or promise, which to sign?+
Compromis 80% of the time. More binding for both, more common with agents. Prefer the promise for maximum flexibility.
How long to rescind?+
10 calendar days after first presentation. Registered letter with receipt, no reason needed.
Is the deposit mandatory?+
Not legally mandatory, but near-universal practice. Refuse if you're asked to pay without escrow.
Can you sign without a loan suspensive clause?+
Yes, but it's an express written waiver. Very risky, use only if paying cash.
What if the bank refuses my loan?+
You need 2 written refusals matching the clause (same rate, amount, term). You exit without penalty with full deposit refund.
Can you renegotiate after signing?+
Very hard. Only on discovery of a serious defect or new event (voted works). In practice, the agent can help if the seller fears losing all.
Notary or agent for the compromis?+
Prefer the notary. Often same fees but far safer legally.
What if the seller pulls out?+
You can sue for specific performance to force the sale. Or recover double the deposit depending on the clauses.
Can you make works the seller's responsibility?+
Yes, in writing, with deadline and penalty if not done. Rare in practice.
Can a compromis be voided for hidden defect?+
Yes, within 2 years of discovery (article 1641 Civil Code), unless an express exclusion was signed.
Do you pay the agent at compromis signing?+
No. Agent commission is paid at deed signing, unless an express clause says otherwise.
How long between compromis and deed?+
60 to 90 days typically. Minimum practical with a loan is 60 days.
What goes on the furniture list?+
Anything not built-in by destination: fitted kitchen, wardrobes, integrated appliances, mobile AC, sauna.
Can the notary refuse to sign?+
Yes, on serious legal irregularity (dodgy title, masked easement, fraud). Rather reassuring.
Can you sign remotely?+
Yes, by power of attorney or electronic signature via notary tools. Very common in 2026.
Is the compromis a sale?+
Yes, legally. "Sale is complete on agreement on the thing and the price" says the Code. But ownership transfers only at the deed.
Glossary
- Compromis
- Pre-contract binding both parties.
- Unilateral promise
- Pre-contract binding only the seller.
- Suspensive clause
- Condition to be met for the sale to happen.
- Deposit
- Sum paid at compromis signing, 5 to 10% of price.
- Escrow
- Third party holding the deposit until completion.
- Scrivener Act
- Law protecting property borrowers, requires the loan clause.
- Cooling-off period
- 10 days for the buyer, no reason, no penalty.
- Deed of sale
- Final notary act transferring ownership.
- DDT
- Technical Diagnostic Pack. Set of annexed diagnostics.
- ERP
- Risks and Pollution Statement. Mandatory annex.
- Carrez surface
- Private surface of a condo lot.
- Maintenance log
- Condo document listing the building's upkeep history.
- AGM minutes
- Condo annual general meeting minutes.
- Reserve fund
- Mandatory condo provision for major works.
- Easement
- Charge imposed on a property for another's benefit.
- Hidden defect
- Serious flaw not apparent at sale.
- Specific performance
- Court action to force completion.
- Immobilisation fee
- Equivalent of the deposit for a unilateral promise.
- Planning note
- Town-hall document listing local plan rules and projects.
- Notarised power of attorney
- Mandate allowing remote signature.
Go further
These guides round out the compromis.
- The Premium reportAll vigilance points to bake into the compromis.
- Notary feesWhat you pay on top of the price.
- MortgageThe most important suspensive clause.
- Negotiating a propertyLock in the negotiation in the compromis.
- Understanding a condoWhich condo annexes to demand.
- Hidden risksCross-check with the annexed ERP.
- Read an EPCMandatory annexed diagnostic.
- DVF comparablesProve the right price at compromis stage.
From guide to action
Guides explain. Tools decide. Run the analysis on your property or compare your options in two clicks.
Property analyser
Run a full analysis on a property: price, risks, EPC, negotiation room.
Analyse a propertyProperty comparator
Compare two or three properties side by side on the criteria that actually matter.
Compare propertiesRental yield calculator
Work out the real net yield of a buy-to-let in seconds.
Calculate the yieldSample report
See what a full BienCheck report looks like before you commit.
See an examplePricing
Pick the plan that fits your project: free, Premium or pack.
See pricingLock in your signature
Run a BienCheck analysis and get the points to verify in your compromis before signing.
Run my free analysis