Compromis de vente: what you’re signing, and when you can back out

The French preliminary sale contract, the 10-day buyer cooling-off period, the conditions suspensives that protect you, and the moment you can no longer walk away.

Updated May 2026.

The short answer

The compromis de vente is the binding preliminary sale contract for a French property purchase. After signing it, the buyer has a 10-day cooling-off period (droit de rétractation) during which they can withdraw without penalty. After that window closes, they can withdraw only if a condition suspensive (escape clause) triggers, the most common being the mortgage clause. The seller has no equivalent cooling-off period; once they sign, they’re committed. Deposit is typically 5 to 10% of the purchase price, paid into the notaire’s escrow account at signing.

This page walks through what’s in the contract, when each clause matters, and the specific moments when you can still walk away.

What the compromis de vente actually is

In French property law, compromis de vente (literally “sale compromise”) is the binding preliminary contract that formalises an agreed sale. It’s drafted by the notaire (sometimes by an estate agent for simpler transactions, but typically the notaire takes the lead), reviewed by both parties, and signed in person or remotely by procuration.

A few clarifications, because terminology around this varies:

Compromis de vente is the most common form. Both parties commit to the transaction; the seller is bound to sell, the buyer is bound to buy, subject to the contract’s conditions.
Promesse de vente (also called promesse unilatérale) is a less common alternative where only the seller is bound. The buyer pays an indemnité d’immobilisation (typically 10%) to hold the property while they decide. If they don’t proceed, the seller keeps the deposit. Promesse is more common in Paris and on certain commercial transactions; compromis is the dominant form for residential.
Acte de vente (or acte authentique) is the final deed, signed 2 to 3 months after the compromis. The compromis is the preliminary; the acte is the closing.

Once you’ve signed the compromis, you’re under contract. The 10-day cooling-off and the conditions suspensives are the only routes out without forfeiting your deposit.

What’s in the contract

A typical compromis de vente includes:

The parties. Buyer(s), seller(s), and any representatives.
The property. Cadastral reference, address, surface, room count, any dépendances (outbuildings, garage, garden plot).
The sale price. Plus the FAI versus net-vendeur structure (whether the agency fee is included; see /guides/notaire-fees for the implications).
The deposit (séquestre). Amount, recipient (typically the notaire’s escrow), payment date.
The conditions suspensives. The escape clauses (covered in detail below).
The expected closing date. Target acte authentique date, usually 2 to 3 months after compromis.
Any specific declarations. Recent works, ongoing disputes, planned construction nearby, anything materially affecting the property.
The Dossier de Diagnostic Technique (DDT). The mandatory diagnostic file (DPE, asbestos, lead, termites, electrical, gas, sanitation, environmental risks).
Right of pre-emption. Notice of any commune, SAFER, or tenant pre-emption right that could supersede the sale.

The contract runs 30 to 80 pages including annexes. Read it. If French is not your first language, have your notaire walk you through it line by line, or have a French-speaking lawyer review it. Don’t sign on faith.

The 10-day cooling-off period

This is the critical buyer protection. After the compromis is signed and a copy is officially delivered (in hand, or by registered post with first-attempt delivery date counting), the buyer has 10 calendar days to withdraw from the contract without giving any reason.

How it works in practice:

The clock starts the day after delivery. If you sign on a Monday and receive the certified copy on the Friday, the 10 days run from the Saturday.
You can withdraw by sending a written notice (lettre recommandée avec avis de réception) to the notaire and the seller. No reason required. No financial penalty.
Your full deposit is refunded.

The cooling-off applies only to the buyer, only on residential transactions, and only on the first signing (not on subsequent amendments).

This is a meaningful protection. If you sign in the heat of a viewing trip and get cold feet on the train back, you have ten days. If something material surfaces during your final due diligence, you have ten days. Use the window if you need to.

Conditions suspensives: the escape clauses

After the 10-day window closes, you can still withdraw without penalty if a condition suspensive (suspensive clause) triggers. These are negotiated and listed in the contract; the standard ones for residential sales:

Mortgage clause (clause suspensive d’obtention de prêt)

The most important. If you don’t obtain a mortgage on the agreed terms within an agreed period (typically 45 to 60 days), the contract is cancelled and your deposit is refunded.

The clause specifies:

The loan amount you’re seeking.
The maximum interest rate you’ll accept.
The loan term.
The deadline for obtaining the offer.

If your mortgage application falls through (you don’t get the loan, you only get a smaller loan, or only at a higher rate than the clause allows), the clause triggers automatically and you walk with your deposit back.

Critical: you must demonstrate good faith. If the clause says you’ll seek a €350,000 loan and you never actually apply, or you apply only at banks where you know you’ll be refused, the clause may not protect you. You need at least two genuine refusal letters from real banks to invoke the clause cleanly.

Survey clause

If you commission a private structural survey and it identifies issues above an agreed financial threshold, you can walk. This clause is not standard; you need to negotiate it in. Worth doing for any property over 100 years old or showing visible defects.

Right-of-way and access clause

If a material access issue emerges (no clean access from the public road, an unrecorded right-of-way held by a neighbour, a planned road closure), you can walk.

Pre-emption right (droit de préemption)

If the local commune, the SAFER (rural land authority), or a sitting tenant exercises a pre-emption right to buy the property at the same price, the sale to you is cancelled. This is automatic protection rather than a condition suspensive you control.

Sale of your existing property (clause de revente)

If you’re funding partly from selling another property, this clause makes the purchase conditional on that sale completing. Less common; sellers often refuse this clause because it makes the transaction less certain.

Planning permission

If you’re buying for renovation or extension and the planning permission you need doesn’t materialise, you can walk. Negotiated on a case-by-case basis.

Septic tank compliance (assainissement)

For rural properties on private assainissement, if the system is found non-compliant and the seller refuses to bring it up to standard before closing, you can walk.

The full list of conditions suspensives is unique to each contract. Don’t sign a compromis without verifying that the clauses you need are actually present.

What happens after the 10 days, if no clause triggers

After the cooling-off window expires and the conditions suspensives all clear, the buyer is fully bound. Withdrawing at this point typically forfeits the deposit, plus you may face a damages claim from the seller for breach of contract.

The notaire then proceeds with title searches, lien checks, and the rest of the closing preparation. This phase is mostly waiting; you and the seller should both be available for any document requests but the work happens in the notaire’s office.

The deposit: 5 to 10%, in escrow

The deposit (séquestre or acompte) is typically 5 to 10% of the purchase price, paid by the buyer at compromis signing. It goes into the notaire’s escrow account, not to the seller.

Exact percentage is negotiable. 10% is the convention for vendors who want strong commitment from the buyer. 5% is increasingly common for a balanced negotiation. Below 5% is rare but not impossible.

The deposit is refunded to the buyer if any condition suspensive triggers, or if the buyer withdraws within the 10-day cooling-off. It’s forfeited to the seller if the buyer withdraws without a triggered clause, after the cooling-off.

If everything proceeds normally, the deposit is credited toward the final purchase price at the acte authentique.

Can the seller back out?

Almost never, after signing.

The seller commits at compromis signing with no equivalent cooling-off period. If they refuse to proceed to closing, the buyer can sue for exécution forcée de la vente (forced execution) and a court will typically order the sale to complete at the agreed price.

In practice, sellers occasionally try to back out on grounds of “second thoughts.” French courts take a dim view of this. The buyer’s position is strong post-compromis.

The exceptions: if the buyer fails to meet a contractual obligation (deposit not paid, mortgage clause not pursued in good faith), the seller can argue the buyer breached and seek to keep the deposit while the contract dissolves. Otherwise, the seller is locked in.

A typical timeline

Day	Event
0	Offer accepted (verbally or by written offre d’achat)
7–28	Notaire drafts compromis, both parties review
28	Compromis signed in person or by procuration
29	Certified copy delivered to buyer
30–39	Buyer’s 10-day cooling-off period
40	Cooling-off expires; buyer is bound subject to conditions suspensives
40–100	Mortgage application processes; conditions suspensives clear or trigger
100	Mortgage clause deadline (typically 60 days post-compromis)
100–110	Notaire prepares acte authentique
110–120	Acte authentique signed; keys handed over

This is approximate. Some transactions complete in 8 weeks, some in 14. Delays beyond 4 months usually indicate a problem.

What this means for you

If you’re approaching compromis signing:

Read the contract. All of it. Ask your notaire to explain anything you don’t understand.
Verify your mortgage clause is realistic. The deadline should give you 45 to 60 days. The maximum rate should be loose enough to absorb interest-rate moves. The loan amount should match what you actually need, not what you hope for.
If you have specific concerns (a damp wall, a recent roof repair, a flood-zone question), get them written into a survey clause or specific condition suspensive.
Use the 10-day cooling-off if you genuinely need to step back. Don’t sign with the intention of using it as a free option; sellers can detect serial cooling-off-using buyers and will eventually push back via the negotiation.
After the cooling-off expires, treat yourself as committed. Make decisions accordingly.

If you’re earlier in the process:

Adresse.ai’s report should inform the offer that becomes the compromis. The price you sign at is hard to revise upward later; getting the comparable analysis right pre-offer is when it earns its keep.

Questions

Can I sign the compromis remotely?

Yes. Most French notaires accept signing by procuration (power of attorney), where you authorise a person physically present in France to sign on your behalf. Increasingly, fully remote compromis signings are also available with electronic signature systems certified for French legal use.

What if the mortgage clause deadline passes without an offer?

Two paths. Option one: you and the seller agree to extend the deadline (called an avenant to the contract). This is common when a mortgage is close but not finalised. Option two: the deadline expires without an extension, the clause triggers, the contract dissolves, and your deposit is refunded.

Can I add a “if I change my mind” clause?

In effect, the 10-day cooling-off is exactly that, time-limited. You cannot negotiate an open-ended right to withdraw without penalty after that. Any condition suspensive needs to be tied to a specific external event (mortgage approval, survey result, planning permission), not to your subjective decision-making.

What’s the difference between compromis and a “letter of intent”?

A letter of intent is non-binding; the compromis is binding. Some buyers and sellers exchange a letter of intent before the compromis to lock in headline terms while details are negotiated. The letter doesn’t commit either party; only the compromis (or promesse) does.

What if the property has issues the seller didn’t disclose?

French law has stronger seller-disclosure obligations than UK or US norms. If a material defect was knowingly hidden, the buyer can pursue vices cachés (hidden defects) action even after closing. The remedies range from compensation to reversal of the sale, depending on the defect’s severity. Vices cachés claims are complex and slow; preventing the issue at the compromis stage via a survey clause is far better.

Is the notaire on my side?

Neither side. The notaire is an officer of the state, legally impartial, representing the transaction. If you want a French-speaking advocate purely on your side, hire a French-speaking lawyer separately.

What does it cost to draft the compromis?

Drafting cost is included in the notaire’s émoluments paid at the acte authentique. There’s no separate fee for the compromis itself.

Try it on your listing

Adresse.ai’s report is the comparable analysis you bring into the offer that becomes your compromis.

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