What happens if the loan is refused?

If the condition precedent of obtaining the loan is not fulfilled within the period specified, the compromis becomes void and the buyer recovers the sums paid, provided he has applied for the loan in accordance with what the preliminary contract stipulates.

Must a sum be paid on signing the compromis?

A deposit is often requested; its amount is negotiated and it is normally held in escrow by the notaire. It is credited against the price on the day of the acte, and it is returned if a condition precedent causes the sale to lapse or if the buyer withdraws within ten days.

Compromis or promesse de vente: what difference?

The compromis commits both parties from the moment of signature; the promesse unilatérale commits only the seller, the buyer having an option to exercise within an agreed period. The practical effects differ, the choice is made with the notaire.

Can one withdraw from the purchase after the ten days?

Outside the operation of conditions precedent, no, unless the seller agrees. Withdrawing without contractual reason exposes the buyer to losing the deposit, or even to specific performance, according to the terms of the preliminary contract.

The compromis de vente: what happens after the agreement between seller and buyer?

By Garen Ajderhanyan · 25 July 2026 · 6 min read

In brief

The compromis de vente is the preliminary contract that seals the agreement between seller and buyer. Under French law, the non-professional buyer then has a cooling-off period of ten days. Conditions precedent, obtaining the loan in the first instance, protect the parties whilst the notaire assembles the file. The process concludes with the signing of the acte authentique; exact timescales vary according to each file.

What is a compromis de vente?

The compromis de vente is the preliminary contract that seals the agreement between seller and buyer: the property, the price, the conditions. Under French law, the compromis is said to 'constitute a sale', both parties are committed, subject to the conditions set out in the contract. It may be signed at the notaire's office or at an agency.

There is a variant, the promesse unilatérale de vente: only the seller is committed, the buyer having an option which he exercises, or not, within an agreed period. On the Côte d'Azur as elsewhere in France, the two formulas coexist; the choice is discussed with the notaire, file by file.

What is the cooling-off period?

Once the compromis is signed and notified, the non-professional buyer has a cooling-off period of ten days. During this period, he may withdraw from the purchase without reason and without penalty; any sums paid are returned to him.

This period benefits only the buyer: the seller is committed from the moment of signature. The starting point of the ten days depends on the method of notification of the compromis, a detail the notaire secures, and whose exact framework Service-public.fr describes.

What is a condition precedent?

A condition precedent makes the sale subject to the occurrence of a future event: if it does not occur, the compromis lapses and the buyer recovers the sums paid. The most common is obtaining the mortgage, it applies whenever the buyer finances by loan, unless expressly waived by him.

Other conditions are negotiated according to the property: absence of inconvenient easement, obtaining planning permission, non-exercise of a right of pre-emption by the local authority. Each condition has a period for fulfilment, set out in the preliminary contract.

What does the notaire do?

Between the compromis and the acte, the notaire assembles the file: title deed, land charges certificate, diagnostics, planning documents, status of the copropriété where applicable. He also clears rights of pre-emption and verifies the parties' capacity to sell and to buy.

It is discreet work, but it is what gives the sale its solidity. At La Gazette, I always give the same advice: ask your questions of the notaire early, from the compromis onwards, rather than the day before signing.

How long between compromis and acte?

There is no single statutory period: the duration depends on the conditions precedent, the financing and the checks carried out by the notaire. In practice, allow several weeks to a few months; the compromis sets a deadline for signing the acte authentique.

On the day of the acte, the notaire rereads everything, the funds are transferred, the keys handed over. Ownership is transferred; land registration follows. For a precise timetable suited to your situation, the right address remains your notaire, and, for the general framework, Service-public.fr.

Frequently asked questions

Can the seller withdraw after the compromis?: No. The ten-day cooling-off period benefits only the non-professional buyer. The seller is committed from the moment of signature, subject to the conditions precedent set out in the contract.
What happens if the loan is refused?: If the condition precedent of obtaining the loan is not fulfilled within the period specified, the compromis becomes void and the buyer recovers the sums paid, provided he has applied for the loan in accordance with what the preliminary contract stipulates.
Must a sum be paid on signing the compromis?: A deposit is often requested; its amount is negotiated and it is normally held in escrow by the notaire. It is credited against the price on the day of the acte, and it is returned if a condition precedent causes the sale to lapse or if the buyer withdraws within ten days.
Compromis or promesse de vente: what difference?: The compromis commits both parties from the moment of signature; the promesse unilatérale commits only the seller, the buyer having an option to exercise within an agreed period. The practical effects differ, the choice is made with the notaire.
Can one withdraw from the purchase after the ten days?: Outside the operation of conditions precedent, no, unless the seller agrees. Withdrawing without contractual reason exposes the buyer to losing the deposit, or even to specific performance, according to the terms of the preliminary contract.

References

The author

Garen Ajderhanyan

Editor of La Gazette de la Promenade

Editor of La Gazette de la Promenade. He writes on Riviera property and the art of living, from Nice.