The Compromis de Vente is the first formal and legally binding stage in the property purchase process in France. It is a written contract of sale agreement which legally binds together the seller and purchaser.
The format may vary but all Compromis de Ventes should state clearly the key points of agreement including:
- Details of purchaser and seller (you will need to provide “Civil Status” information including your full names, contact details, professions, birth and marriage certificates, passport copies, details of ex-husbands and wives)
- Confirmation of the name and ownership “Title” details of the property and a description of the property including reference and map of the plot as it is recorded in the French Land Registry
- The price agreed (sometimes furnishings and fittings may be negotiated as a separate amount)
- The deposit agreed (usually 10% to be held by the Notaire or in some cases the agent) see also: What methods of payment should be used
- The circumstances under which the deposit may be forfeited
- Some declarations by the vendor about the property
- Some obligations of the purchaser in buying the property
- Results of the lead, asbestos and natural disaster reports and details of the 2 other obligatory reports on termites and energy efficiency. These reports are not required for every property. It will depend on the certain aspects such as the age of the property and which region it is situated in.
- Provisional conditions (Clauses Suspensives) – these will include certain standard conditions which will be inserted by the person drawing up the agreement (e.g. that there are no other claims to the Title or that the searches conducted by the Notaire’s office do not reveal any problems). NB: The purchaser can request and negotiate the insertion of additional Provisional conditions before the Compromis is signed e.g. complete building work, obtain a mortgage or planning approval etc
- Full details of the estate agents fees and provision for legal fees, (these generally do not appear on contracts drawn up by a notaire, but they can be provided on request.)
- Various declarations by both purchaser and vendor about their ability to complete the contract
- Statements describing what happens if either side fails to complete his part of the bargain, e.g. penalty clauses
- The target completion date. Note this is not definitive or guaranteed and can be changed by agreement between purchaser and seller or if the notaire has not completed his work for any reason
- Separate inventory of items to be included in the price
- Copy of the land plan as an annexure
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