Promesse d'Achat Immobilier Entre Particulier Template for France

A Promesse d'Achat Immobilier Entre Particulier is a preliminary purchase agreement that legally commits you as a buyer to purchase a property from a private seller under specific conditions. This document serves as a binding commitment under French law, providing security for both parties during the property transaction process.

When do you need this document?

You need this agreement when purchasing property directly from a private individual without estate agent involvement. It's essential when you want to secure a property while arranging financing, completing due diligence, or waiting for administrative procedures. The document is particularly valuable in competitive markets where multiple buyers are interested, as it legally reserves the property for you. You'll also need it when the seller requires proof of your serious intention before proceeding with the full sale process, or when coordinating the timing of selling your current property with purchasing the new one.

Key legal considerations

Your agreement must include mandatory suspensive conditions that protect your interests, particularly regarding mortgage approval and property diagnostics. The price and payment terms must be clearly specified, including any deposit amounts and payment schedules. Property description requirements are strict - you must include the exact address, cadastral references, surface area under Loi Carrez, and all relevant property details. The document must specify the timeframe for fulfilling conditions and completing the final sale. Both parties' complete identification details, including marital status, are legally required. Consider including clauses for property defects, urban planning restrictions, and right of first refusal if applicable.

Legal requirements in France

Under Code Civil Articles 1582-1701, your promesse d'achat must comply with general sales contract formation rules and party obligations. You benefit from a mandatory 10-day cooling-off period under Code de la Construction et de l'Habitation Articles L271-1 to L271-3, during which you can withdraw without penalty. The seller must provide all mandatory property diagnostics required by Loi ALUR, including energy performance, asbestos, lead, and termite reports where applicable. Loi Carrez mandates accurate surface area disclosure for co-ownership properties. The agreement must be written and signed by both parties to be legally enforceable. If the property is subject to pre-emption rights or urban planning constraints under Loi SRU, these must be declared and respected in the timeline.