Understanding the Promise to Sell: A Complete Guide for Buyers and Sellers in 2025

The promise to sell is a key act in the real estate sale process. It represents an important commitment between the seller and the buyer, and it is essential to understand it well to avoid complications. In 2025, with new regulations and consumer expectations, it is more crucial than ever to become familiar with this stage. This article guides you through the essential aspects of the promise to sell, from the obligations of the parties to the necessary documents, through the mistakes to avoid.

Key points

• The promise to sell is a unilateral commitment by the seller.
• It must be signed carefully, preferably in front of a notary.
• Specific documents are required for its validity.
• Suspensive conditions may influence the transaction.
• The withdrawal period is important for the buyer.
• Common mistakes can lead to legal complications.
• The costs associated with the promise to sell must be anticipated.
• Real estate market trends in 2025 affect the promise to sell.

Understanding the sales promise

Definition of the promise to sell

The promise to sell, often called a unilateral promise to sell, is a preliminary contract by which the seller (The Promising) undertakes to sell his property to a buyer (The beneficiary) for a specified period of time. It is a strong commitment from the seller, which reserves the exclusive right to acquire the property. During this period, the seller cannot withdraw or offer the property to another buyer. The buyer, on the other hand, has a period to decide whether or not he wants to buy the property.

Importance of the promise to sell

The promise to sell is a step Essential in a real estate transaction. It makes it possible to secure the agreement between the buyer and the seller before the signing of the authentic act. It offers the buyer a period of reflection to organize their financing, carry out diagnoses, and ensure that all the conditions are met for the acquisition. For the seller, it guarantees that the property is reserved for a serious buyer, while giving him time to prepare for the sale.

Differences with the sales agreement

It is crucial to distinguish the promise to sell from the sales agreement. The promise to sell is a unilateral commitment by the seller, while the sales agreement is a bilateral commitment, where both parties agree to complete the sale. In other words, in a compromise, the buyer agrees to buy and the seller agrees to sell. In a promise, only the seller is committed. The table below summarizes the main differences:

Seller's obligations

The seller has several obligations when signing a promise to sell:

• Reserve the property for the buyer for the duration of the promise.
• Do not offer the property to another buyer.
• Provide all the necessary documents for the sale (diagnostics, title documents, etc.).
• Maintain the property in good condition until sale.

The rights of the buyer

The buyer also benefits from important rights:

• A right of option, allowing him to decide whether or not he wants to buy the property.
• A withdrawal period of 10 days after the signing of the promise.
• The possibility of requesting suspensive conditions (obtaining a loan, etc.).
• The right to obtain all the necessary information about the property.

The consequences of a promise to sell

The promise to sell has important legal consequences. If the buyer exercises the option, the sale is complete. If the seller refuses to sell, he may be forced by the courts to do so, and may be ordered to pay damages. If the buyer does not exercise the option, the promise becomes void, and the fixed asset compensation paid to the seller may be retained by the seller.

It is important to fully understand the commitments you make when signing a promise to sell. It is strongly recommended to be accompanied by a notary to ensure that all legal aspects are taken into account.

Mistakes to avoid

Several mistakes should be avoided when signing a promise to sell:

1. Do not read the contract carefully.
2. Do not inquire about mandatory diagnoses.
3. Underestimate ancillary costs (notary fees, etc.)
4. Do not negotiate suspensive conditions.
5. Not meeting deadlines.

The stages of the promise to sell

Preparation of the necessary documents

Before signing a promise of sale, it is gist to gather all the required documents. For the seller, this includes identification documents, property title, mandatory technical diagnoses (asbestos, lead, termites, etc.), and documents relating to the condominium if the property is one of them. The buyer, for his part, must prepare his identity documents and, if necessary, the documents relating to his mortgage application. Careful preparation helps avoid delays and complications.

Signature of the promise of sale

The signing of the promise of sale can be done either under private signature or before a notary. It is strongly recommended to sign with a notary, as he ensures the legal validity of the document and informs the parties of their rights and obligations. Upon signing, the buyer generally pays a fixed asset allowance, which represents a percentage of the sale price (often between 5 and 10%).

Withdrawal period

The buyer has an incompressible withdrawal period of 10 days from the day after receipt of the signed promise of sale. This period allows him to reconsider his commitment without having to justify his decision and without losing the immobilization compensation. The seller, on the other hand, is committed as soon as the signature is signed and cannot be withdrawn.

Suspensive conditions

The promise to sell often contains suspensive conditions, which must be fulfilled for the sale to be final. The most common is the obtaining of a home loan by the buyer. Other conditions may be included, such as obtaining a building permit or carrying out work. If a suspensive condition is not fulfilled, the promise to sell is cancelled and the fixed asset compensation is returned to the buyer.

Carrying out real estate diagnoses

Real estate diagnostics are mandatory and must be carried out by a certified professional. They inform the buyer about the condition of the property (presence of asbestos, lead, termites, energy performance, etc.). These diagnoses must be attached to the promise of sale.

Notification to the administration

In some cases, the promise to sell must be notified to the administration, especially if the property is located in an area where the municipality has a right of first refusal. This notification allows the municipality to replace the buyer if it wishes to acquire the property.

Follow-up until the authentic act

After the signing of the promise of sale and the lifting of the suspensive conditions, the parties must go to the notary to sign the authentic act of sale. The notary is responsible for drawing up the act, verifying the documents, collecting taxes and taxes, and publishing the sale to the land advertising department. The transfer of ownership is effective upon the signing of the authentic act.

It is important to fully understand each stage of the promise to sell to avoid unpleasant surprises and successfully complete the real estate transaction. Do not hesitate to be accompanied by a professional (notary, real estate agent) to advise and assist you.

The parties involved in the promise to sell

The promise to sell is a serious agreement that involves several actors. It's important to understand everyone's role to make sure the deal goes off without a hitch. Here is an overview of the various stakeholders.

The seller: role and responsibilities

The seller is the one who undertakes to sell his real estate. Its main role is to provide all the necessary information about the property. and to respect the terms of the promise to sell. In particular, it must:

• Provide mandatory documents (diagnostics, property title, etc.).
• Maintain the property in the agreed condition.
• Do not sell the property to another buyer during the term of the promise.

The seller has significant responsibilities, and non-compliance with its commitments may result in legal consequences. It is therefore important to fully understand your obligations before signing the promise of sale. It is important to note that the exclusive sales mandate can influence the seller's responsibilities.

The buyer: rights and obligations

The buyer is the person who wants to acquire the property. His main right is to be able to withdraw during the legal period. Its obligations include:

• Pay a security deposit (receivership).
• Carry out the necessary steps to obtain financing (if necessary).
• Inform the seller of his decision to acquire or not the property at the end of the withdrawal period.

The buyer must be aware of their rights and obligations in order to make an informed decision. It is advisable to read the promise of sale carefully and to ask all the necessary questions before making a commitment. It is important to fully understand the suspensive conditions before engaging.

The notary: his essential role

A notary is a public officer who authenticates the promise of sale and the final act of sale. Its role is to ensure the legal security of the transaction. and to advise the parties. In particular, it checks:

• The validity of the documents.
• The legal capacity of the parties.
• The absence of hidden defects.

The notary is a key player in the promise of sale. Its intervention is mandatory for the final act of sale, but it is strongly recommended as soon as the promise of sale is made. It can help write a balanced and legally compliant sales promise. It is important to note that the validity period of the promise to sell is an important element.

Real estate agents: key intermediaries

Real estate agents can act as intermediaries between the seller and the buyer. They help to:

• Find a buyer or a property that matches the criteria.
• Negotiate the selling price.
• Write the promise to sell (in some cases).

Although their presence is not mandatory, real estate agents can facilitate the transaction and contribute their expertise in the real estate market. It is important to choose a competent and trustworthy real estate agent.

Witnesses: their importance

In some cases, witnesses may be present when the promise to sell is signed. Their role is to attest to the signature of the parties and the authenticity of the act. The presence of witnesses is not always mandatory, but it can be useful in the event of a dispute. It is important to note that the Buyer's withdrawal may be influenced by the presence of witnesses.

Co-purchasers: implications

If several people buy the property together (co-purchasers), this involves specific rules. It is important to clearly define the shares of each and the methods of managing the property. The co-purchasers are jointly and severally liable for the obligations associated with the purchase. It is therefore essential to be well informed before making a commitment. It is important to fully understand the respective obligations co-purchasers.

The heirs: special cases

If the seller is deceased, the promise of sale can be signed by his heirs. In this case, it is important to check that all the heirs agree and that they have the legal capacity to sell the property. Succession can lead to complications and additional delays. It is therefore advisable to be accompanied by a notary.

The documents required for the promise of sale

The promise to sell is an important act that requires the seller to reserve the property for the buyer for a specific period of time. For this promise to be valid and secure, it is gist to gather a certain number of documents. These documents help to protect the interests of both parties and to avoid subsequent disputes. Here is an overview of the documents that are generally required.

Civil status of the parties

It is imperative to verify the identity and legal capacity of both parties. For the seller, this involves providing a copy of his identity card, an extract of a birth certificate, and, where applicable, documents relating to his matrimonial regime (marriage contract, divorce decree, etc.). For the buyer, the same documents are required. This information allows the notary to draw up a valid authentic instrument and to ensure that the parties have the right to complete the sale. One civil status questionnaire sent by the notary will have to be completed.

Technical diagnostic file

The Technical Diagnostics File (DDT) is a set of mandatory reports that inform the buyer about the condition of the property. In particular, it includes the energy performance diagnosis (DPE), the assessment of the risk of exposure to lead (CREP), the status relating to the presence of asbestos, the condition of the indoor gas and electricity installation, the parasitic state (termites), and the state of natural, mining and technological risks (ERNMT). These diagnoses must be carried out by certified professionals. A DPE labeled “A” is very attractive for buyers.

Property title

The title document is the document that proves that the seller is the legal owner of the property. It can be a notarial act of purchase, a donation, or an inheritance. This document is essential to reassure the buyer and avoid unpleasant surprises. It also allows the notary to verify the origin of the property and to ensure that there are no ongoing disputes. It is important to add documents like the title of ownership, which proves that you are the legal owner of the property.

Condominium regulations

If the property is located in a condominium, it is necessary to provide the condominium regulations and any amendments. This document defines the rules of operation of the condominium, the rights and obligations of the co-owners, and the distribution of expenses. It is important for the buyer to be aware of them before making a commitment. Information on condominium fees must be provided if you are selling an apartment. This information allows the buyer to know what to expect in terms of monthly fees.

Urban planning certificate

The urban planning certificate is a document that provides information on the urban planning rules applicable to the property. In particular, it indicates building rights, easements, and administrative limitations. There are two types of urban planning certificates: the simple urban planning certificate (which gives general information) and the detailed urban planning certificate (which gives more precise information on a construction project). It is recommended to provide a recent urban planning certificate to inform the buyer of the current situation of the property.

Tax documents

It can be useful to provide tax documents, such as property tax and housing tax, in order to inform the buyer about the annual expenses associated with the property. These documents also make it possible to verify the area of the property and its cadastral rental value.

Certificate of non-pledge

The certificate of non-pledge, or certificate of administrative situation, makes it possible to verify that there is no pledge or mortgage on the property. This document is issued by the land registration department and allows the buyer to ensure that the property is free of any encumbrance. It is important to provide a recent certificate to ensure the security of the transaction.

Collecting all these documents may seem tedious, but it is essential to secure the promise of sale and avoid subsequent disputes. Do not hesitate to be accompanied by a professional (notary, real estate agent) to help you in this process.

In summary, a solid sales agreement contains clear suspensive conditions, a well-defined price and precise deadlines. By taking care to integrate these elements, you ensure that the transaction takes place with complete peace of mind. Ready to take the leap?

The suspensive conditions in the promise of sale

Definition of suspensive conditions

Suspensive conditions are clauses integrated into the promise to sell that make the final completion of the sale subject to the occurrence of certain events. In other words, the sale only takes place if these conditions are met. They offer protection to both the buyer and the seller, by allowing the transaction to be cancelled if an unexpected event occurs. These conditions are often linked to obtaining a loan, carrying out work, or discovering easements.

Examples of suspensive conditions

Here are some common examples of suspensive conditions that can be found in a promise to sell:

• Obtaining a home loan by the buyer.
• Sale of another real estate property belonging to the buyer.
• Obtaining a building permit or administrative authorization.
• Absence of urban servitude or right of pre-emption.
• Satisfactory results of real estate diagnostics.

Impact on sales

The existence of suspensive conditions has a direct impact on the progress of the sale. Until all conditions are met, the sale cannot be finalized. This means that the seller cannot sell the property to another buyer, and the buyer is not required to acquire the property if a condition is not met. The outcome of these suspensive conditions is therefore crucial..

How to formulate a suspensive condition

The formulation of a suspensive condition must be precise and unambiguous. It is important to clearly define the event that should happen, the time frame in which it must happen, and the consequences if it does not happen. It is advisable to call on a notary to draft these clauses, in order to ensure their legal validity.

Deadline for meeting the conditions

Each suspensive condition is accompanied by a deadline for completion. This time frame is negotiated between the buyer and the seller, and should be realistic considering the nature of the condition. For example, the time frame for obtaining a home loan is usually 45 to 60 days. It is important to respect these deadlines, as exceeding them may result in the expiry of the promise to sell.

Consequences in case of non-realization

If a suspensive condition is not fulfilled within the time limit, the promise to sell is canceled. The buyer then recovers the security deposit that he paid when signing the promise. The seller regains his freedom to sell the property to another buyer.

It is important to note that the non-fulfilment of a suspensive condition must be justified. The buyer cannot opt out of the sale without good reason.

Negotiation of suspensive conditions

The suspensive conditions are negotiable between the buyer and the seller. The buyer may request the insertion of suspensive conditions that protect him, while the seller may seek to limit their number and scope. Negotiations must be carried out in a transparent and balanced manner, in order to reach an agreement that satisfies both parties.

The deadlines associated with the promise to sell

Withdrawal period

The withdrawal period is a crucial period for the buyer. It offers him time to reflect after signing the promise of sale. This period is 10 days, during which the buyer can withdraw from the transaction without justification or penalty. This period is incompressible.

Deadline for meeting the conditions

Suspensive conditions, such as obtaining a mortgage, are subject to specific deadlines. These deadlines are negotiated and included in the promise to sell. They allow the buyer to carry out the necessary procedures (obtain financing, building permits, etc.).

Deadline until the authentic instrument

The time between the signing of the promise of sale and the signing of the authentic act at the notary is variable. It depends on several factors, including the complexity of the file, the time required to obtain administrative documents and the availability of the parties and the notary. In general, it takes between two and three months.

Impact of deadlines on the transaction

Deadlines have a direct impact on the smooth running of the transaction. Exceeding the deadlines can lead to complications or even the cancellation of the sale. It is therefore important to respect them scrupulously.

Extension of deadlines

It is sometimes possible to extend the deadlines provided for in the promise to sell, especially if unforeseen circumstances occur. This extension must be agreed upon by mutual agreement between the seller and the buyer, and formalized by an addendum to the promise of sale.

Penalties for non-compliance with deadlines

Failure to meet deadlines may result in sanctions for the responsible party. For example, if the buyer does not meet the deadline to get the loan, he may lose the capital compensation paid to the seller. Conversely, if the seller does not respect his commitments, the buyer can ask for damages.

Management of contingencies

It is important to anticipate and manage the unforeseen events that may occur during the period between the promise to sell and the authentic act. This may include financing issues, discoveries of hidden defects, or disputes with third parties. Good communication between the parties and legal assistance can help resolve these issues.

Managing deadlines is an essential aspect of the sales promise. Rigorous monitoring and good communication between the parties make it possible to avoid complications and to bring the transaction to a successful conclusion in the best conditions.

The consequences of a promise to sell

The promise to sell is an important preliminary contract that binds the parties before the signing of the authentic act. It is therefore essential to fully understand the consequences of this commitment.

Seller commitment

The seller, by the promise of sale, irrevocably undertakes to sell his property to the buyer under the conditions defined in the promise. This commitment is firm and final., subject to the fulfilment of the suspensive conditions. The seller can no longer withdraw or offer the property to another purchaser during the validity of the promise. If he does not respect his commitment, the buyer may demand the forced execution of the sale in court or seek damages. It is therefore essential to think carefully before signing a promise to sell.

Buyer commitment

The buyer, for his part, benefits from a purchase option for a specific period of time. He is not obliged to buy the property, but he is committed to making his decision within the time limit. If the buyer decides to acquire the property, he must exercise the option, i.e. notify the seller of his decision in the forms provided for in the promise. In return for this option, the buyer generally pays a fixed asset compensation, the amount of which is fixed in the promise. This compensation will be charged to the sale price if the purchase is made, but it will remain with the seller if the buyer renounces the acquisition after the expiry of the withdrawal period and without the non-fulfilment of the suspensive conditions. It is therefore important to properly assess your financial capacity and to ensure that the suspensive conditions are realistic before signing a promise to sell.

Consequences in case of non-compliance

Failure to comply with the promise of sale by one or other of the parties can have significant financial consequences. If the seller refuses to sell, the buyer can get a court order requiring him to do so, or to pay damages. If the buyer renounces the purchase outside the cases provided for (withdrawal period, non-fulfilment of the suspensive conditions), he loses the immobilization compensation. It is therefore essential to take this commitment seriously and to respect the terms of the promise. Les suspensive clauses of the contract are there to protect both parties.

Entitlement to compensation

As mentioned earlier, the seller receives an immobilization allowance if the buyer withdraws after the deadline or without legitimate reason. The amount of this compensation is generally 5 to 10% of the sale price. This sum compensates for the damage suffered by the seller, who immobilized his property during the term of the promise. It is important to note that this benefit is taxable.

Possibility to cancel the sale

The buyer has a withdrawal period of 10 days from the notification of the promise to sell. During this period, he can cancel the purchase without having to justify his decision and without losing the fixed asset compensation. This withdrawal period is an important protection for the buyer, which allows him to take the time to think and verify all aspects of the transaction. In addition, if one or more suspensive conditions are not fulfilled (for example, refusal of a bank loan), the buyer can also cancel the sale without penalty.

Impact on negotiation

The signing of a promise to sell can have an impact on the negotiation of the sale price. Indeed, once the promise is signed, the seller is committed and can no longer offer his property at a higher price. The buyer, for his part, is guaranteed that the agreed price will not be changed during the term of the promise. It is therefore important to negotiate the price carefully before signing the promise of sale. The valuation of the property is therefore a crucial step.

Dispute resolution

In the event of a dispute between the seller and the buyer, it is best to seek an amicable solution, for example through mediation. If no amicable solution is possible, it is necessary to refer the matter to the competent courts. It is advisable to be assisted by a lawyer to defend your interests. The promise to sell is an important legal document, and it is essential to fully understand its implications before signing it. It is also recommended that you consult a notary for personalized advice and to ensure that the promise complies with the law.

Common mistakes to avoid

Wrong valuation of the property

One of the most common mistakes is to misvalue your property. One overstatement can deter potential buyers, while underestimating can cause you to lose money. It is therefore crucial to make an accurate estimate, taking into account the current market, location, characteristics of the property and any work to be planned. Do not hesitate to call in a professional to obtain an objective evaluation.

Omission of important documents

Forgetting to provide certain documentation can significantly delay the sales process or even cause it to fail. Make sure you have all the necessary documents, such as the title document, technical diagnoses, information on charges, the condominium regulations (if applicable), etc. A complete and transparent file is a guarantee of seriousness and trust for the buyer.

Ignore suspensive conditions

Suspensive conditions are clauses that allow the buyer to withdraw from the sale if certain events do not occur (for example, obtaining a mortgage). It is essential to fully understand these conditions and to ensure that they are realistic and achievable. Ignoring them can lead to litigation and complications.

Neglecting the withdrawal period

The buyer has a withdrawal period of 10 days after signing the promise of sale. It is important to respect this deadline and not to put pressure on the buyer to renounce their right of withdrawal. Any attempt to force the sale could be considered abusive and result in sanctions.

Do not consult a notary

A notary is a real estate law professional who can advise and support you throughout the sale process. It is strongly recommended that you consult it before signing the promise of sale, in order to ensure that your interests are protected and that the transaction takes place in the best conditions. The notary can also help you draft the promise of sale and verify the validity of the documents.

Underestimate ancillary costs

In addition to the selling price of the property, there are a number of ancillary costs to take into account, such as notary fees, real estate agency fees, diagnostic costs, etc. It is important to anticipate them and include them in your budget, in order to avoid unpleasant surprises. Good financial preparation is essential to successfully complete your sales project.

Do not inquire about the market

It is essential to know the local real estate market before putting your property up for sale. Prices can vary considerably from neighborhood to neighborhood, and it's important to stay up to date with the latest trends. A good knowledge of the market will allow you to set a realistic selling price and attract potential buyers.

Rushing into the sale without taking the time to do the right research can lead to costly mistakes. Take the time to get information, get advice and prepare your project well. Above all, a successful sale is a well-prepared sale.

The costs associated with the promise to sell

The promise to sell, although it is a preliminary contract, incurs costs that are important to know to avoid any surprises. These costs are divided between different categories and should be anticipated in your budget.

Notary fees

Notary fees, although mainly associated with the final act of sale, may also occur during the promise of sale. They cover the notary's fees for drawing up the act and the registration fees. These are mandatory to formalize the promise with the tax authorities. La Finance law for 2025 could impact these costs.

Real estate agency fees

If you go through a real estate agency, fees may be due as soon as the promise of sale is signed. These fees are generally included in the displayed selling price, but it is gist to check the terms of payment and the exact amount.

Diagnostic costs

The seller is required to provide a technical diagnostic file (DDT) when promising to sell. If certain diagnoses are no longer valid, he will have to have them carried out at his expense. These costs may vary depending on the number of diagnoses to be carried out and the size of the property.

Publishing costs

In some cases, the promise to sell may be published in the land advertising department. This formality incurs costs, generally borne by the purchaser, although this can be negotiated.

Registration fees

The promise to sell must be registered with the tax service within 10 days following its signature. This registration gives rise to the payment of registration fees, the amount of which is fixed. It is customary for the purchaser to take care of these registration fees.

Necessary insurances

Although these are not costs directly related to the promise of sale, it is important to think about the insurance necessary for the future property, in particular home insurance. Anticipating these costs allows you to have a global vision of the budget.

Moving expenses

Even if the move takes place after the signing of the bill of sale, it is wise to anticipate these costs as soon as the promise of sale is made. This makes it possible to integrate all the costs associated with the acquisition of the property into your overall budget.

It is crucial to be well informed about all the costs related to the promise of sale in order to avoid unpleasant surprises and to be able to budget your real estate project correctly. Do not hesitate to ask your notary or real estate agent for advice to obtain an accurate estimate of these costs.

Here is a list of potential costs:

• Notary fees (registration fees)
• Real estate agency fees
• Diagnostic costs
• Publishing costs
• Necessary insurances

Remedies in the event of a dispute

When a sales offer goes wrong, there are several ways to deal with the problem. It is important to know what options are available to defend your interests, whether you are a buyer or a seller. We will look at the different steps and possible solutions together.

Mediation

Mediation is often the recommended first step. It's a way amiable to resolve a conflict, with the help of a neutral mediator. The mediator helps both parties find common ground. It's cheaper and faster than a trial. Mediation can help maintain good relationships, which is important if you still need to interact with the other party after the dispute is resolved.

Arbitration

Arbitration is another alternative method of resolving disputes. In this case, an arbitrator, or an arbitral tribunal, makes a decision after hearing the arguments of both parties. The arbitrator's decision is generally binding, which means that both parties must respect it. Arbitration is often faster than litigation, but it can be more expensive than mediation.

Judicial remedy

If mediation and arbitration fail, or if you prefer not to use them, you can take legal action. This means going to court to decide the dispute. Legal action can be time consuming and costly, and the outcome is uncertain. However, sometimes it is the only option to get justice. It is important to properly prepare your case and to be assisted by a lawyer.

Steps to follow

If you are considering legal action, here are some steps you can take:

• Consult a lawyer who specializes in real estate law.
• Gather all the relevant documents (sales promise, email exchanges, etc.).
• Send a formal notice to the other party.
• File an application with the competent court.

Documents to be provided

To build a solid case, you will need several documents. Here is a non-exhaustive list:

• The signed promise of sale.
• Exchanges of emails or letters with the other party.
• Proof of harm (invoices, estimates, etc.)
• Possible testimonies.

Limitation periods

It is important to know the limitation periods. This means that you have a limited amount of time to file a lawsuit in court. Once this deadline has passed, your action will be inadmissible. In real estate matters, deadlines may vary, so it is important to seek information from a professional. Do not wait until the last moment to take action, as preparing a case can take time.

Consequences of litigation

A dispute can have significant consequences, both financial and emotional. It can result in legal fees, lawyer fees, and a considerable loss of time. It can also affect your reputation and relationships with the other party. It is therefore important to do everything possible to avoid disputes, by being clear and transparent from the start. In the event of a dispute, try to find an amicable solution before taking legal action. If the seller does not respect his commitments, the buyer may exercise legal remedies.

The specificities of the promise to sell in 2025

Recent legal developments

In 2025, the legal field surrounding the promise of sale experienced significant adjustments. These changes are mainly aimed at strengthening the protection of buyers and clarifying the obligations of sellers. It has become imperative to stay informed of these developments in order to avoid any potential disputes. For example, new laws could concern the transparency of the information provided or the withdrawal periods.

Impact of new technologies

Les new technologies transform the way sales promises are managed. Electronic signatures are now common, facilitating remote transactions. In addition, online platforms allow documents to be centralized and the progress of the process to be monitored in real time. Artificial intelligence could even be used to analyze contracts and detect possible unfair terms.

Real estate market trends

The 2025 real estate market is characterized by strong demand in certain geographical areas and limited supply. This influences the negotiations during the promise to sell. Sellers are often in a position of strength, but buyers remain attentive to the prices and conditions offered. Although interest rates have fluctuated, they continue to impact the borrowing capacity of purchasers.

Buyer expectations

Buyers in 2025 are more informed and demanding. They expect total transparency on the condition of the property, the diagnoses carried out and the possible work to be planned. They are also sensitive to environmental and energy aspects. A clear and precise sales promise, meeting these expectations, is a major asset in concluding the transaction.

Environmental regulations

Environmental regulations are playing an increasing role in real estate transactions. The Energy Performance Diagnosis (DPE) has become a central element of the sales promise. Buyers are paying more and more attention to the energy consumption of the property and to possible renovation obligations. The lowest performing assets may see their value decrease.

Adaptation of practices

Faced with these developments, real estate professionals must adapt their practices. It is essential to master digital tools, to keep up to date with new regulations and to offer personalized services. Transparency and communication are the keys to a successful sales promise.

Predictions for the future

The future of the promise to sell in 2025 seems to be moving towards greater digitalization and simplification of procedures. We can anticipate an increase in remote transactions and an increased use of artificial intelligence to facilitate negotiations and secure contracts.

It is important to note that the specificities of the promise to sell in 2025 are constantly evolving. It is therefore recommended that you regularly consult real estate and legal professionals to keep up to date with the latest trends and regulations.

Here are a few things to consider:

• The increased importance of real estate diagnostics.
• The need for clear and transparent information.
• The impact of new technologies on transactions.

The promise to sell and the sale in the future state of completion

Definition of sale in the future state of completion

The Future Completion Sale (VEFA) is a bit like buying a cake before it is baked. You are committed to a property that does not yet exist, or that is under construction. It is a specific contract that frames the purchase of a new home on plan. It should be understood that the buyer becomes the owner as the construction progresses, paying in stages. This is different from a classic purchase where you become the owner once the property is finished and delivered.

Differences with the classic promise to sell

The classic promise to sell concerns an existing property, where the buyer and the seller agree on the future sale. In off-plan, we are talking about a property to be built. The classic promise to sell requires the seller to reserve the property for the buyer for a given period of time. In VEFA, the reservation contract is the equivalent, but it is much more regulated by law. There are more protections for the VEFA buyer, because he takes more risks by buying a property that does not yet exist. The suspensive conditions are also different, as they may include obtaining a building permit or carrying out a certain level of marketing by the developer.

Promoter obligations

The promoter has very specific obligations under VEFA. He must:

• Precisely describe the property sold (surface, materials, equipment).
• Indicate the selling price and the terms of payment in installments.
• Provide construction plans and required permits.
• Respect construction and delivery deadlines.
• Guarantee the quality of the construction (guarantee of perfect completion, biennial guarantee, ten-year guarantee).

If the promoter does not meet his obligations, the buyer has recourse, up to and including the cancellation of the sale.

Rights of purchasers

The off-plan purchaser has important rights. He has the right to:

• Retract within 10 days after signing the reservation contract.
• Obtain clear and accurate information about the project.
• Visit the construction site during construction.
• Refuse delivery if the goods do not comply with the contract.
• Benefit from legal guarantees in the event of defects.

It is important to read the reservation contract carefully and to be accompanied by a professional (notary, lawyer) to ensure that your rights are well protected.

Associated risks

VEFA involves risks. The main risk is late delivery. There may also be changes from the initial plans, or defects. The promoter can also go bankrupt, which can complicate the situation. It is therefore important to choose the right promoter and to check its financial solidity.

Guarantees offered

Fortunately, VEFA offers guarantees to protect the buyer. There is the guarantee of perfect completion, which covers defects in conformity for one year after delivery. There is the two-year warranty, which covers equipment (faucets, heating, etc.) for two years. And there is the ten-year warranty, which covers damage that compromises the solidity of the building for ten years. These guarantees are mandatory and make it possible to protect yourself against unpleasant surprises.

Specific procedures

The VEFA has specific procedures. First, there is the signing of the reservation contract, then the signing of the final act of sale at the notary. Payment is made in stages, depending on the progress of the work. There are also calls for funds, where the promoter asks the buyer to pay part of the price. It is important to follow these procedures carefully and to respect the payment deadlines.

The tax implications of the promise to sell

Capital gain tax

Real estate capital gain tax is a tax levied on the profit made from the sale of real estate. Calculating this tax can be complex, as it takes into account various elements such as the purchase price, notary fees, construction expenses and the length of time the property was owned. It is important to note that exemptions exist, especially for the sale of the main residence. The promise to sell makes it possible to freeze the conditions of the transaction and to anticipate the calculation of this tax.

Registration fees

Registration fees are taxes collected by the State when a property is transferred. As part of a promise to sell, these rights are generally due when the authentic act of sale is signed. The amount of these fees varies according to the nature of the property (new or old) and its location. He is gist to fully understand who is responsible for these rights, as this can impact the total cost of the acquisition.

Local taxes

The promise to sell has an impact on local taxes, in particular property tax and housing tax (if it is still applicable). The seller is liable for these taxes until the date of the actual sale. The buyer, for his part, becomes liable as of this date. It is common to provide for a distribution of property tax between the seller and the buyer in proportion to their period of possession of the property.

Possible deductions

Some expenses can be deducted from the taxable capital gain when selling a property. These include work costs, notary fees and expenses related to carrying out real estate diagnostics. It is important to keep all invoices and receipts for these expenses in order to benefit from these deductions. The promise to sell may mention how to take these deductions into account.

Impact on succession

The promise to sell can have an impact on the succession of the seller or the buyer. If the seller dies before the signing of the authentic act, the promise of sale is transmitted to his heirs, who are required to respect the commitments made. Likewise, if the buyer dies, his heirs may decide whether or not to continue the acquisition of the property. It is therefore important to take these inheritance aspects into account when drafting the promise of sale.

Capital gains tax regime

The tax regime for real estate capital gains is likely to change over time. It is therefore important to keep up to date with the latest legal provisions in force. The promise to sell must be written taking into account this tax regime, in order to avoid any unpleasant surprises during the actual sale of the property.

Tax advice

It is strongly recommended to consult a tax advisor before signing a promise to sell. This professional can help you optimize your tax situation and anticipate the tax consequences of the real estate transaction. He can also advise you on any tax exemptions or deductions you can benefit from.

Real estate taxation is a complex and constantly evolving field. It is therefore essential to be supported by competent professionals in order to secure your real estate transaction and optimize your tax situation.

Here are a few things to remember:

• The promise to sell must be registered with the tax services within 10 days.
• The purchaser is generally liable for registration fees.
• It is possible to deduct certain expenses from the taxable capital gain.

The promise to sell in the context of a succession

Specific rules

When a property is part of a succession, the promise to sell takes on a particular dimension. He is gist to fully understand the rules that apply to avoid any subsequent blocking or litigation. The first step is to identify all the heirs and ensure that they agree to the sale. Without unanimity, the situation can become complex.

Rights of heirs

Each heir has specific rights in the context of a succession. These rights concern in particular the part of the sale price that belongs to him, but also his right to review the conditions of the sale. It is important to note that:

• Each heir has the right to be informed of the promise to sell.
• Each heir has the right to give his opinion on the selling price.
• Each heir has the right to refuse the sale, which may block the transaction.

Impact on the value of the property

The inheritance situation can have an impact on the value of the property. If the heirs cannot agree quickly, the property may remain locked up for a long period of time, which can lead to depreciation. In addition, inheritance costs (inheritance taxes, notary fees) can reduce the net share due to each heir.

Management of undivided assets

Property in succession is often undivided property, meaning it belongs to several people. The management of undivided property requires the agreement of all joint owners for the most important acts, such as the sale. In case of disagreement, it is possible to go to court for judicial authorization.

The management of undivided property can be a source of tension between the heirs. It is therefore important to favour dialogue and the search for an amicable agreement.

Negotiation between heirs

Negotiation between heirs is a crucial step in successfully completing the sale of an estate in succession. It is important for each heir to be able to express their expectations and concerns. A mediator can be helpful in facilitating communication and finding common ground.

Debt settlement

Before sharing the selling price, it is necessary to settle the debts of the estate. These debts can be of various types: taxes, unpaid bills, debts incurred by the deceased. Debt settlement is a mandatory step that can impact the amount due to each heir.

Formalities to be respected

Several formalities must be respected as part of a promise to sell in succession. In particular, it is necessary to provide the notary with the following documents:

1. Death certificate
2. Act of notoriety
3. Property titles
4. Identity documents of heirs

The notary will then take care of carrying out the necessary formalities with the competent authorities.

Real estate market trends in 2025

Price trends

Real estate prices in 2025 show a trending to stabilization after the strong increases of previous years. However, there are significant regional disparities. Major cities like Paris and Lyon are experiencing a slowdown in growth, while some medium-sized cities and rural areas are attracting new buyers, leading to a slight increase in prices. It is important to follow the evolution of prices for Becoming an owner in the best conditions.

Demand and supply

Demand remains strong, especially for properties with specific characteristics such as outdoor spaces and optimal energy performance. The supply, although more abundant than in 2024, is struggling to fully satisfy this demand, which maintains some pressure on prices. Sales times tend to be slightly longer, giving buyers a bit more room to negotiate.

Impact of interest rates

Interest rates, although still relatively low, have increased slightly, impacting household purchasing power. This situation encourages buyers to be more careful and to better assess their borrowing capacity. Banks are also more attentive to issues, requiring greater personal contributions and solid guarantees.

New types of property

We are witnessing the emergence of new types of goods, responding to changes in lifestyles and environmental concerns. Modular homes, shared homes, and eco-buildings are gaining in popularity. These new offers appeal to customers who are increasingly concerned about the environmental impact of their homes and are looking for more flexible and affordable solutions.

Buyer preferences

Buyer preferences are changing. Location remains a decisive criterion, but the importance given to quality of life, proximity to services and public transport, as well as to the energy performance of housing, is becoming increasingly important. Buyers are also more attentive to the presence of outdoor spaces (balconies, terraces, gardens) and to the possibility of teleworking.

Growing regions

Some regions stand out for their dynamism and attractiveness. Medium-sized cities offering a pleasant living environment, more affordable real estate costs and easy access to major cities are experiencing strong growth. Coastal regions and mountain areas also attract numerous buyers, looking for a privileged environment and leisure opportunities.

Economic outlook

The economic outlook for 2025 remains uncertain, with risks linked to inflation, the geopolitical situation and the evolution of interest rates. These uncertainties can impact the real estate market, holding back investments and moderating demand. It is therefore essential to closely monitor the evolution of the economic situation and to remain cautious in your buying or selling decisions.

Here is a summary table of trends:

Tips for a successful sales promise

Be well prepared

Preparation is key. Before you start, make sure you have a clear vision of your goals and limits. Gather all the necessary documents, such as your ID, technical diagnoses, and title documents. Careful preparation will save you from unpleasant surprises and speed up the process.

• Assess your financial capacity.
• Have real estate diagnoses carried out beforehand.
• Consult a professional to validate your strategy.

Good preparation is half the journey. Do not overlook this crucial step for a successful sales promise.

Surround yourself with professionals

Don't be left alone in the face of the complexity of the real estate market. Call on experts : notaries, real estate agents, financial advisers. Their experience and knowledge will be invaluable in making the right decisions and avoiding pitfalls. A notary, for example, can help you draft a balanced and legally compliant promise of sale.

Be transparent

Transparency is essential to establish a relationship of trust with the buyer or seller. Be honest about the condition of the property, any faults, and possible constraints. Clear and open communication will facilitate negotiations and avoid later disputes. Remember that any hidden information can backfire.

Negotiate smartly

Negotiation is an essential step in the promise to sell. Define your boundaries, be ready to make concessions, but don't give in on what matters most. Learn about market prices, trends, and the specificities of the property. A successful negotiation is one that satisfies both parties.

Anticipate questions

Be prepared to answer questions from the buyer or seller. Be ready to justify the price, explain the diagnoses, and detail the suspensive conditions. Anticipating questions will allow you to gain credibility and reassure your interlocutor. A good knowledge of the file is a major asset.

Stay in the know

The real estate market is constantly evolving. Stay up to date with the latest regulations, new trends, and price developments. Regularly consult specialized sites, newspapers, and market studies. Good information will allow you to make informed decisions and seize opportunities.

Follow market trends

In 2025, the real estate market is influenced by several factors, such as interest rates, environmental regulations, and new technologies. Adapt your strategy based on these trends. For example, if interest rates are low, you may want to consider taking out a larger loan. If environmental regulations are tightened, make sure your property meets current standards.

| Trend | Impact on the promise to sell

The differences between a promise to sell and a sales agreement

Nature of commitments

The fundamental distinction between the promise to sell and the sales agreement lies in the nature of the commitments made by the parties. The sales agreement, also called a synallagmatic promise of sale, firmly engages the buyer and the seller to complete the sale. Both parties are bound by a bilateral agreement. On the other hand, the promise to sell, which is often unilateral, mainly requires the seller to reserve the property for the buyer for a specific period of time. The buyer has an option but is not required to buy. It's an important difference to grasp.

Legal consequences

The legal consequences differ considerably. In the context of a sales agreement, if one of the parties withdraws without legitimate reason (for example, without the non-fulfilment of a suspensive condition), they may be forced by judicial means to execute the sale or to pay damages. With a promise to sell, if the buyer does not exercise the option within the time limit, the sale does not take place, and the seller regains his freedom. It is important to note that the real estate taxation may be affected by the type of pre-contract chosen.

Flexibility of the parties

The promise to sell offers greater flexibility to the buyer, who can withdraw from the transaction without penalty (except for the possible loss of a fixed asset allowance, if provided) during the option period. The seller is irrevocable during this period. The sales agreement, on the other hand, is less flexible, as both parties are committed as soon as it is signed, subject to suspensive conditions.

Withdrawal period

The withdrawal period is a crucial element. In France, the buyer benefits from an incompressible withdrawal period of ten days after the signing of a compromise or a promise of sale. This period allows him to go back on his commitment without having to justify his decision or pay penalties. This deadline applies to both the compromise and the promise of sale, offering protection to the buyer.

Respective obligations

The obligations of the parties are different depending on the type of preliminary contract. In a compromise, the seller agrees to sell and the buyer agrees to buy, subject to the suspensive conditions. In a promise to sell, the seller agrees to sell if the buyer exercises the option, while the buyer has no obligation to buy. He has the right, but not the obligation.

Cancellation case

Cancellation cases are governed by law and contractual clauses. In both cases, the non-fulfilment of a suspensive condition (for example, refusal of a mortgage) allows the preliminary contract to be cancelled without penalty for the buyer. However, an abusive breach of the sales agreement may result in financial sanctions for the defaulting party. The promise to sell is in fact cancelled if the option is not exercised within the time limit.

Choice according to the situation

The choice between the promise to sell and the sales agreement depends on the situation and the objectives of the parties. If the buyer needs time to think or to obtain financing, the promise to sell may be preferable. If both parties are firmly committed to concluding the sale, the sales agreement is often preferred. It is always advisable to consult a notary to determine the preliminary contract that best suits your situation.

It is important to fully understand the implications of each type of pre-contract before making a commitment. The sales agreement is a strong bilateral commitment, while the promise to sell offers more flexibility to the buyer. The choice depends on your needs and personal circumstances.

Possible remedies in case of non-compliance with the promise of sale

Sometimes one of the parties to a promise to sell does not respect its commitments. Fortunately, there are several options available to defend your interests. He is gist to know these options in order to respond appropriately.

Mediation and conciliation

Mediation and conciliation are amicable ways to resolve a dispute. They involve the intervention of a neutral third party who helps the parties reach an agreement. These processes are often faster and less expensive than taking legal action. The idea is to renew the dialogue and find a solution that is acceptable to all. Sometimes a simple misunderstanding can be resolved through a structured discussion.

Legal actions

If mediation is unsuccessful, or if it is not possible, legal action can be taken. The competent court will depend on the nature of the dispute and the amount at stake. This may be an action to enforce the sale, or a claim for damages.

Damages and interests

If the failure to comply with the promise to sell has caused you harm, you can claim damages. The amount of these damages will be determined by the judge, depending on the nature and extent of the damage suffered. This may include the loss of a buying opportunity, unnecessarily incurred expenses, or other financial or moral damages.

Termination of the promise

In some cases, it is possible to request the termination of the promise to sell. This means that the contract is cancelled, and the parties are released from their obligations. The termination may be pronounced by the judge, or may be agreed upon by mutual agreement between the parties.

Negotiating an agreement

It is always possible to negotiate an agreement with the opposing party, even in the event of a dispute. This agreement can take various forms: a change in the terms of the sale, financial compensation, or any other solution acceptable to both parties. Negotiations can be conducted directly between the parties, or with the help of a lawyer or mediator.

Impact on reputation

A dispute related to a promise to sell can have an impact on the reputation of the parties, especially if the case is mediatized. It is therefore important to weigh the pros and cons before taking legal action, and to favour amicable solutions if possible.

Dispute prevention

The best way to manage a dispute is to avoid it. Here are some tips to prevent disputes related to the promise of sale:

• Carefully read and understand the terms of the promise to sell.
• Get advice from a professional (notary, lawyer).
• Be transparent and honest with the other party.
• Anticipate potential problems.

In the event of a dispute, it is important to react quickly and to seek professional advice. Don't let the situation worsen, and use amicable solutions if possible.

The challenges of the promise to sell for investors

Investment strategies

For investors, the promise to sell is a tool strategic. It makes it possible to secure a property while leaving time to carry out essential verifications. For example, an investor can use this period to finalize their financing plan or carry out profitability studies.

• Securing the property
• Profitability check
• Finalization of financing

Risk analysis

Risk analysis is a crucial step. The promise to sell makes it possible to identify and assess the potential risks associated with the investment. This includes risks related to the condition of the property, to suspensive conditions not fulfilled, or even to potential disputes with the seller. It is important to fully understand the terms of the promise to avoid unpleasant surprises.

Market opportunities

The promise to sell can be used to seize market opportunities. In a rapidly changing market, it allows you to lock in a price and position yourself on a property before prices increase. However, it's important to stay up to date with market trends to make informed decisions.

Rental yield

Rental yield is a key factor for investors. The promise to sell makes it possible to assess the rental return potential of a property before making a final commitment. It is important to take into account expenses, taxes, and any work to be done to estimate the net return.

Impact of regulations

Real estate regulations can have a significant impact on investments. The promise to sell makes it possible to verify the compliance of the property with the regulations in force, in particular in terms of urban planning, environment, and safety. It is important to stay informed of legal developments to avoid the risks of non-compliance.

Profitability forecasts

Profitability forecasts are essential to assess the viability of an investment. The promise to sell makes it possible to refine these forecasts by taking into account the specific conditions of the property and the market. It is important to carry out realistic simulations by integrating different scenarios.

Expert advice

It is strongly recommended to surround yourself with experts to succeed in real estate investments. Notaries, real estate agents, and financial advisors can provide valuable assistance in analyzing risks, evaluating opportunities, and negotiating the terms of the promise to sell. Their expertise can make the difference between a successful investment and a failure.

The promise to sell is a powerful tool for investors, but it requires rigorous analysis and a good knowledge of the market. It is important to be well prepared and to surround yourself with competent professionals to maximize your chances of success.

The promise to sell is a key moment for investors. It represents a serious commitment between the seller and the buyer. For investors, this means they need to fully understand the terms of this deal. A well-written sales promise can protect their interests and avoid future problems. If you are an investor and want to know more about the promise to sell, do not hesitate to visit our site for advice and useful information!

Conclusion

In summary, selling real estate in 2025 is not that easy. It requires preparation and a bit of patience. Every step, from the estimate to the final signature, really counts for everything to go well. Having pros like real estate agents or notaries by your side can really help avoid mistakes. If you are well organized and have a clear plan, selling your home can even become a positive experience, opening the way for new projects.

Frequently asked questions

What is a promise to sell?

A promise to sell is a document that engages a seller to sell his property to a specific buyer.

What is the difference between a promise to sell and a sales agreement?

The promise to sell is a unilateral commitment by the seller, while the sales agreement engages both parties.

What documents are required to sign a promise of sale?

Documents such as an identity document, technical diagnoses and, if applicable, co-ownership documents are required.

Can the buyer cancel after signing?

Yes, the buyer has a withdrawal period of 10 days after signing the promise of sale.

Who must sign the promise of sale?

The promise of sale must be signed by the seller and the buyer, and ideally in front of a notary.

What are the consequences if the seller does not respect the promise to sell?

The seller may be forced to pay damages to the buyer.

What are the suspensive conditions?

These are clauses that must be met for the sale to be finalized, such as obtaining a loan.

How does the follow-up take place after the signing of the promise of sale?

After the signature, it is necessary to carry out the diagnoses, notify the administration and prepare the authentic act.

What costs should I expect when making a sale offer?

Provision should be made for notary fees, agency fees and diagnostic costs.

What to do in the event of a dispute during a promise to sell?

Mediation, arbitration, or legal action may be used.

How did the promise to sell evolve in 2025?

Legal changes and new technologies are influencing the sales process.

What advice would you give to make a successful sales promise?

It is important to be well prepared, to be transparent and to surround yourself with professionals.

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