Promesse de Vente? Or Compromis? Which is Better?

When buying property in France, you will probably come across a range of real estate terms before you sign the final deeds on completion day: “offre d’achat”, “promesse de vente”, and “compromis de vente, among other terms you may have heard from your agent during conversations and visits.

Although these terms are related, they mean different things. Knowing the difference will help you understand what you’re committing to before you take the plunge.

What is a “Promesse de Vente” in French Real Estate?

A promesse de vente is a preliminary contract in which the seller agrees to sell a property to a specific buyer at an agreed price and under agreed conditions.

The seller is committed to the sale, while the buyer has the option to purchase within a period agreed by both parties. This is the main difference from a compromis de vente.

• With a promesse, the seller commits to sell, while the buyer may proceed.
• With a compromis, both parties commit to complete the sale, subject to withdrawal rights and conditions suspensives.

The option period is often around 2 or 3 months for a straightforward residential purchase, although it can be longer where circumstances require it, which is common when a mortgage is required and with international buyers not living in France.

The buyer will usually pay an indemnité d’immobilisation, typically around 5–10% of the purchase price. The exact amount is agreed upon and stated in the contract.

If the purchase goes ahead, this amount is normally deducted from the price. If the buyer does not exercise the option after the applicable withdrawal period and the contractual conditions are met, the seller will retain the indemnity. 

Buyers have important protections. A non-professional buyer purchasing residential property has a statutory 10-day withdrawal period after signing a promesse de vente or a compromis. When the period begins depends on how, and crucially when, the contract and required documents are delivered. 

The contract should include conditions suspensives, such as a mortgage condition. If the buyer does not secure the required financing within the timeframe specified in the contract, the purchase can usually be cancelled without penalty, provided the contractual conditions are met.

When is a “Promesse de Vente” Used?

A promesse de vente can be useful when the seller is ready and willing to commit, but the buyer needs more time or flexibility and wants to secure the property.

For example, the buyer may be waiting for planning permission, financing, the sale of another property, or the release of funds. It can also suit development projects where planning or other administrative matters still need to be resolved.

For a standard residential purchase, however, a compromis de vente is usually the norm. The choice depends on the circumstances of the transaction; neither contract is universally better.

Does a “Promesse de Vente” Have to be Signed with a Notaire?

Not necessarily; this is one of the system’s advantages. A promesse unilatérale de vente (PUV) may be executed as an authentic deed by a notaire or as a private agreement (sous seing privé). A private promesse must be registered with the tax authorities within 10 days of the beneficiary’s acceptance, subject to a fixed registration duty of €125.

A promesse with a term exceeding 18 months is also subject to additional formal requirements. For this reason, a notaire is often involved in preparing the agreement or managing the necessary formalities.

The Difference Between an “Offre d’Achat” and a “Promesse de Vente”

An offre d’achat, or purchase offer, is a written proposal from the buyer specifying the price they are willing to pay and the period for which the offer remains valid.

Submitting an offer is not compulsory. If the buyer and seller have already agreed on the price and principal terms, they may proceed directly to a promesse or compromis de vente.

However, an offer should not be regarded as an informal expression of interest. Depending on its wording and the circumstances, an accepted offer may have legal consequences for the buyer.

A buyer should not be asked to make a payment to submit or accept an ordinary offre d’achat. The compromis addresses arrangements for the deposit or indemnité d’immobilisation. 

Who Signs the “Promesse de Vente”?

Although it is referred to as a unilateral promise, both parties need to sign the contract. The term “unilateral” describes the nature of the commitment, rather than the identity of the signatories. The seller agrees to sell, while the buyer accepts the terms and is granted the option to purchase.

The buyer’s signature confirms acceptance of the contract, including the conditions and the arrangements concerning the indemnité d’immobilisation. It does not create the same reciprocal obligation to purchase as a compromis de vente.

Which is Right for the Buyer?

The practical choice depends on your level of commitment and need for flexibility. If you are ready to proceed and the main terms are agreed, a compromis de vente sets a reciprocal commitment between the buyer and seller.

If you require additional time to resolve an important matter, a promesse de vente may be more appropriate, as the seller remains committed while you retain the option to proceed when ready. If you have already agreed on the price, you may not need to submit an offre d’achat before signing either contract.

Regardless of the option you choose, ensure that you understand the conditions, deadlines, withdrawal rights, and financial consequences before signing. If anything is unclear, ask your agent or notaire to explain it before you commit.

Further Reading

If you are unfamiliar with the buying process in France, our comprehensive guide explains the process, the conditions suspensives, how to transfer your deposit, the withdrawal period, and the steps between signing the preliminary contract and completing the purchase with “l’acte authentique”.

• Read our guide to the acte authentique (final deeds) in France.

More Property Buying Guides

From finding the right property to understanding the French buying process, our guides cover the practical aspects of purchasing a home in France.

• Visit our Complete French Property Buying Guide

If you are planning to buy property in France, you can also register as a My-French-House member to save properties, compare them, add notes, prepare visits, and make your French property search easier.