Preliminary sales agreement or sales contract: the 10-day period

To buy an existing property, a preliminary contract is generally signed: either a unilateral promise of sale or a preliminary sales agreement. In a unilateral promise of sale, the seller commits to selling to a specific person, who is free to buy or withdraw from the offer. In a preliminary sales agreement, the buyer commits to purchasing the property. According to service-public.gouv.fr, a non-professional buyer of residential property has a 10-day cooling-off period, which begins the day after the first presentation of the registered letter.

This page does not cover the registration of the preliminary sales agreement, penalty clauses, escrow of funds, or cases where the seller is a professional. It does not detail the possible postponement of the last day of the withdrawal period when it falls on a non-working day. These points are addressed in your deed.

Unilateral promise or compromise: what distinguishes them

Source: service-public.gouv.fr, fact sheet F2965 (verified on 10/04/2026). The fact sheet adds that, for the entire duration of the promise to sell, the seller cannot leave their property on the market or sell it to another person.

The immobilization fee and the security deposit

In the unilateral promise, The deposit is paid in consideration of the seller's commitment to sell to the designated buyer. It is deducted from the sale price (service-public.gouv.fr, F2962, verified on 20/06/2025). Fact sheet F2965 states that in practice its amount is between 5% and 10% of the sale price. Economie.gouv.fr (written on 30/01/2026) states that it can represent up to 10% of the price. The two statements are not identical: the percentage is specified in your deed.

Two additional rules apply, according to F2965, when the promise exceeds 18 months:

• the payment of a downtime compensation of a minimum amount of 5 % is mandatory; ;
• For a seller who is a natural person, the promise must be recorded in an authentic instrument.

In the compromise, The security deposit "constitutes a down payment, corresponding to 10% of the sale price" (F2965). According to the same document, if the buyer cancels the purchase, the sum is retained by the owner. Economie.gouv.fr states, regarding compensation, that the seller retains it if the buyer cancels after the withdrawal period. The document consulted does not specify what happens to the sum paid in the event of withdrawal within the period: this should be read in your deed.

The 10-day withdrawal period

Service-public.gouv.fr (F2965) states that a non-professional buyer of residential property has a right of withdrawal within 10 calendar days. Three points to note:

• The departure. «"The period begins the day after the first presentation of the registered letter."»
• The shape. The cancellation must be notified to the seller by registered letter with acknowledgment of receipt.
• Unconditionally. Economie.gouv.fr presents this period as allowing the purchase to be cancelled "unconditionally".

Regarding the cooling-off period described below, fact sheet F2962 provides for a postponement to the next business day if the last day is not a business day. For the right of withdrawal, fact sheet F2965 cites articles 640 to 647-1 of the Code of Civil Procedure ("Deadline ending on a non-business day") among its references without detailing the rule: have your notary verify the deadline before relying on a postponement.

No compromise: the reflection period

The right of withdrawal is not the only 10-day period. According to service-public.gouv.fr (F2962), if there is no preliminary sales agreement, the buyer has a 10-calendar-day cooling-off period before signing the final deed. This period begins the day after the first presentation of the registered letter, or the hand delivery, of the draft deed. During this period, the final deed cannot be signed.

The suspensive conditions

A suspensive condition suspends the performance of the contract "until a future and uncertain event has occurred" (glossary of F2962). Fact sheet F2965 specifically mentions:

• obtaining a mortgage; ;
• obtaining a planning certificate; ;
• work to be carried out by the seller before the sale; ;
• the purging of the right of pre-emption.

Regarding the loan condition, F2965 stipulates a minimum period of one month. The document links this period, for a unilateral promise to sell, to the signing of the authentic deed or the registration of the private agreement, and, for a preliminary sales agreement, to the signing of the deed. As the wording varies from one case to another, review the clause with your notary.

If the conditions are not met, for example, if the loan is not obtained, the preliminary agreement becomes null and void, "so that the sum paid is returned in full to the buyer" (F2965). For the preliminary sales agreement, the information sheet also indicates that the sum paid is returned in full to the buyer. For bank financing, we can put you in touch with our banking partners.

Why the date of the act matters for the fees

According to the BOFiP (BOI-ENR-DMTOI-10-20, § 105), departmental councils may raise the transfer tax rate beyond 4.50% of a %, up to a limit of 5% of a %, for deeds executed between April 1, 2025, and March 31, 2028. For a bilateral promise subject to a suspensive condition, the BOFiP indicates that the relevant date is the date on which the suspensive condition is fulfilled. The page on notary fees provides further details on this system.

Preliminary sales agreement and contract: numerical example (fictitious profile)

Situation. A family wants to buy a primary residence for €250,000. Assumptions: the preliminary contract is a unilateral promise to purchase for a period of less than 18 months, with a deposit of 5,130 euros. The registered letter is presented for the first time on Monday, March 8, 2027.

Issue. What amount is tied up, and until when can the family withdraw?

Strategy. The family reads the percentage of compensation, calculates the 10 calendar day period from the day after the first presentation, and compares it to the variant of a compromise with a security deposit of 10 %.

Result.

The timeframe is calculated according to the letter of the source: starting the day after the initial presentation, ten calendar days, with no postponements in this example (the last day is a Thursday). The profile is fictitious. The figures illustrate the calculation and do not reflect your specific situation.

Preliminary sales agreement and preliminary sales agreement: what changes depending on your situation

• The nature of the preliminary contract and the percentage of the sum paid.
• The validity period of the promise, with regard to the 18-month threshold.
• Your status as a non-professional buyer and the residential use of the property.
• The conditions precedent stipulated, including the loan clause.
• The date of the first presentation of the registered letter.
• Your status as a buyer: the page describes the non-professional buyer of a property for residential use; outside of this case, the rule depends on your situation, to be checked in your deed.

No results are promised.