Contrat Préliminaire D'Achat Template for France

Yes. A contrat préliminaire (also called a contrat de réservation when it concerns a property sold off-plan) is a binding agreement under the Code civil and, for off-plan sales, under articles L.261-15 and R.261-25 et seq. of the Code de la construction et de l'habitation. Once signed, the reserving seller must offer the property to the buyer on the agreed terms and the buyer commits to the reservation, subject to the statutory withdrawal period and any conditions suspensives written into the contract.

For an off-plan reservation, articles R.261-25 and R.261-26 of the Code de la construction et de l'habitation require the surface area, number of main rooms, location in the building, a technical description of the works and materials, the provisional sale price with any revision mechanism, the expected date of signature of the notarial deed and the estimated completion date. If the buyer intends to borrow, the contract must state the amount, rate and duration of the loans sought. Omitting these particulars exposes the agreement to being set aside, so the description and price clauses should be completed in full rather than left as placeholders.

For an off-plan reservation, article R.261-28 of the Code de la construction et de l'habitation caps the dépôt de garantie at 5% of the price if the notarial deed is to be signed within one year, 2% if within one to two years, and nothing at all beyond two years. The money must be paid into a dedicated escrow account at a bank or held by the notaire, not into the seller's general funds. The deposit clause should name the account holder and repeat the applicable cap.

Yes. Article L.271-1 of the Code de la construction et de l'habitation gives a non-professional buyer a ten-day withdrawal period running from the day after the signed contract is handed over or delivered by recorded post or secure electronic means. No reason is needed and the deposit must be returned in full within 21 days. The notification clause matters here, because a defective delivery of the contract means the ten days never start to run.

Where the purchase is financed by a loan, the condition suspensive d'obtention de prêt under articles L.313-40 and L.313-41 of the Code de la consommation applies, with a minimum period of one month for the buyer to secure the finance. If the loan is refused within that period, the contract lapses and the deposit is refunded without penalty. The clause should state the maximum loan amount, the maximum rate and the deadline for producing an offre de prêt, since a loan sought outside those parameters will not trigger the protection.

The seller who withdraws without a contractual ground is in breach and the buyer can claim the sums due under the indemnity or clause pénale, and may seek execution forcée of the sale before the tribunal judiciaire. Article R.261-31 of the Code de la construction et de l'habitation also lists situations where the buyer is released and the deposit repaid within three months, including a price more than 5% above the figure announced, a reduction in value or missing equipment promised in the contract. Setting out the completion deadline and the consequences of delay in the contract makes these remedies far easier to enforce.

No. The preliminary contract can be signed privately between the parties or through the estate agent, and electronic signature is valid under article 1367 of the Code civil and the eIDAS Regulation. The definitive sale itself must be recorded in an acte authentique before a notaire to be registered against the property. Keep the preliminary contract consistent with what the notaire will draft, because discrepancies on price, deposit treatment or completion date usually surface only at the point of signature.