What checks are truly necessary before signing a preliminary sales agreement for a house? Are you worried about overlooking a legal, technical or financial point that could block your project when signing the final deed?
Buying a house requires securing several key aspects such as financing, technical diagnostics, the legal situation, urban planning, costs and works to be planned, as well as charges.
This comprehensive article explains these essential checks, with a practical checklist to make sure you forget nothing when buying your house in 2026. For personalized support with all your buying and selling projects, contact your local real estate advisor at Capifrance.
Buying a house: everything you need to know about the preliminary sales agreement and essential clauses
The preliminary sales agreement is a private contract by which the buyer and the seller commit to each other. It formalizes the agreement and sets out the key elements: identification of the parties, description of the property, price and the planned date for signing the final deed. It differs from a unilateral promise to sell, which binds only the seller, and therefore requires particular attention when drafting.
The agreement contains essential clauses. The suspensive clause, particularly the loan condition precedent, protects the buyer until financing is confirmed. It must specify the deadline for fulfilling the conditions, the accepted evidence such as a bank refusal letter, and the maximum APR if necessary.
The 10 day cooling off period applies to private buyers. It starts the day after notification or signature of the agreement. After this period, the lifting of conditions and the scheduling of the final deed before the notary can take place.
Include clauses relating to the deposit, reservation indemnity and penalty clause to frame the financial consequences of a withdrawal. The drafting must be precise regarding deadlines, how conditions are fulfilled and the accepted supporting documents. Have the agreement reviewed by your local real estate advisor and the notary to secure the transaction.
Conditions precedent to include in a real estate preliminary sales agreement
The loan condition precedent must indicate the amount requested, the term, the maximum APR and the granted timeframe, in practice 30 to 60 days. Specify the documents to be provided and the nature of proof of refusal such as a dated letter from the lending institution. If the condition is not fulfilled within the deadline, the agreement must provide for the return of the deposit.
Other useful clauses protect your project: the sale of another property, obtaining financial aid such as the 2026 zero interest loan or Action Logement loan, or obtaining a building permit if works are required. In a condominium, provide for the delivery of a dated statement and the absence of any unreleased mortgage before signing.
Cooling off period, signature and timeline
The 10 day cooling off period begins the day after notification or signature. The buyer exercises this right in writing and the deposit is returned without penalty during this period. Then follow the standard timeline: preliminary agreement, cooling off period, fulfillment of conditions, receipt of the loan offer, signature before the notary, handover of the keys.
Anticipate banking and administrative delays to set a realistic date for the final deed. Keep correspondence and proof of steps taken to facilitate the fulfillment of conditions and avoid delays.
Penalty clauses, deposit and fulfillment of conditions
The deposit, often 5 to 10 percent of the price, must be held under secure conditions by the notary or in escrow. In the event of a justified loan refusal, it is returned. In case of wrongful withdrawal, the seller may retain the deposit or claim compensation set by a penalty clause.
Prefer a proportional indemnity and negotiate a cap. The notary or advisor may recommend a termination clause to clarify the financial consequences and avoid long and costly disputes.
Buying a house: checking your financing and mortgage before signing
To position yourself on a house for sale, financing is your first safeguard. Before signing, assess your borrowing capacity taking into account your income, expenses and a benchmark debt ratio of around 33 percent. Include additional costs such as notary fees, diagnostics, works and agency fees in your budget.
Distinguish between the nominal interest rate and the APR, which includes insurance and fees. To compare offers, request the APR, the amortization schedule and early repayment conditions. Use a loan comparison tool or a broker to optimize the offer and negotiate guarantees and borrower insurance.
Borrower insurance can be delegated. Delegating insurance often reduces the overall cost. Also check the guarantees required by the bank such as a mortgage or surety and their impact on the APR.
Calculating borrowing capacity and personal contribution
Calculate your annual net income and deduct your expenses to obtain a first estimate of your borrowing capacity. Apply a debt ratio of around 33 percent as a benchmark, then test different terms to measure the impact on monthly payments.
Example: purchase at 300000 euros, contribution 30000 euros 10 percent, loan 270000 euros over 20 years. With a nominal rate of about 3.2 percent and an APR of about 3.5 percent, the monthly payment excluding insurance is around 1539 euros. Additional costs: notary fees about 7 percent or 21000 euros, diagnostics about 1500 euros, works about 20000 euros. This calculation shows the importance of including fees and works in your loan simulation.
Always request an amortization schedule to visualize the total cost of credit and plan a safety margin.
Comparing loan offers and borrower insurance
The APR is the key indicator for comparing offers. Negotiate application fees, early repayment options and delegation of insurance if it reduces the overall cost. Request written simulations and keep them as proof of financing feasibility.
A broker can speed up competition between banks and obtain better conditions. Also compare guarantees such as mortgage or surety and their influence on the total cost of the loan.
Assisted loans and financing solutions
Assisted loans remain useful in 2026: zero interest loans, Action Logement loans and social home loans can complement financing subject to eligibility conditions. The zero interest loan is reserved for first time buyers and depends on the type of property and income level.
Financing without a contribution is possible but requires strong guarantees and may cost more. Alternatives include family loans, gifts, real estate crowdfunding or local loans. Inform your advisor about the existence of a zero interest loan or Action Logement loan to include them in simulations and in the loan condition precedent.
Buying a house: essential property diagnostics and technical condition
The technical diagnostic file gathers mandatory diagnostics depending on the age and location of the property: energy performance certificate, lead, asbestos, termites, electricity, gas and environmental risk report. These documents inform the buyer and may serve as a basis for price negotiation.
The energy performance certificate is central following recent changes. An energy inefficient property rated F or G has consequences for rental and resale. If the property is rated F or G, request an energy audit and assess available renovation aid to estimate works.
Health and structural risks such as dry rot, radon or damp require a building expert assessment. If in doubt about the roof, foundations or presence of pests, have an inspection carried out by a certified professional before lifting the condition precedent.
Energy performance certificate and energy inefficient properties
The energy performance certificate indicates energy consumption and greenhouse gas emissions. It helps estimate future heating and hot water costs. A poor rating calls for an energy audit to prioritize works and estimate their cost.
National and local aid schemes can reduce renovation costs. Before buying an energy inefficient property, check whether banks accept the file and whether aid can be mobilized.
Mandatory diagnostics: lead, asbestos, termites, electricity, gas
Mandatory diagnostics depend on the construction date: lead for properties built before 1949, asbestos before 1997, electricity and gas depending on installation condition. The seller must provide valid signed diagnostics. Check validity dates and request updates if necessary.
An unfavorable diagnosis may justify a price negotiation or completion of works before the sale. Choose a certified inspector and request quotes to integrate works into your simulation.
In depth technical visit and expert assessment
Call on an expert when the visit reveals serious doubts: cracks, infiltration, damp or pests. A building assessment can cost from a few hundred to several thousand euros depending on complexity.
The benefit is clear: legal security, negotiation leverage and a precise evaluation of required works. Your local advisor can recommend reliable experts for these checks before signing.
Buying a house: checking the legal situation and title deed
The title deed provides information on the property history, easements and any registrations. Request the previous deed of sale, the cadastral extract and the mortgage status report to verify the absence of any unreleased mortgage.
The notary checks land registration and discharge of charges. Ask the seller for invoices, maintenance records and minutes of recent works to build a complete file.
Identify easements such as right of way or utility lines and, in case of uncertainty about boundaries, consult a surveyor for a boundary report. If a neighborhood dispute exists, mention it in the agreement and request guarantees or a specific clause.
Buying a house: urban planning and compliance
The urban planning certificate and local development plan provide information on buildability, planning easements and natural risks. Consult the town hall to obtain these documents and assess possibilities for extensions or alterations.
Request copies of building permits and prior declarations for works carried out. Lack of authorization may lead to costly compliance requirements or even demolition if regularization is impossible.
If undeclared works exist, negotiate their regularization or coverage by the seller. The notary will advise you on options and timelines for compliance.
Buying a house in a condominium: specific points before signing
For a condominium property, request the condominium rules, ownership shares, dated statement, minutes of general meetings from the last three years and the maintenance record. These documents reveal voted works, unpaid charges and the scale of future expenses.
Check the works reserve fund and the multi year works plan. The dated statement specifies sums due at the time of sale and must be attached to the agreement to know your financial exposure.
Reading general meeting minutes helps identify voted works and disputes. A contested property manager or exceptional calls for funds are signals to review before lifting the condition precedent.
Buying a house: fees, taxes and financial considerations to anticipate
Anticipate notary fees: for an existing property about 7 to 8 percent of the price, for a new property 2 to 3 percent. These fees include transfer taxes, notary fees, disbursements and land registration contribution.
Also plan for agency fees, property tax, works costs and diagnostics. Some departments may adjust transfer taxes; check local updates for 2025 and 2026.
For an accurate house valuation and cost estimate, use a fee simulator or contact a notary and your local real estate advisor at Capifrance.
Practical conclusion: next steps after the checklist before signing the preliminary agreement
Check your financing by securing an agreement in principle and including a loan condition precedent with a maximum APR.
Review diagnostics by requesting the full technical diagnostic file and an energy audit if the rating is F or G.
Verify the legal situation by ensuring the title deed, mortgage status report and easements are clear.
Consult urban planning documents since the urban planning certificate and local development plan affect your projects and the property value.
Anticipate fees such as notary fees, charges, taxes and works in your borrowing capacity.
Contact your real estate advisor at Capifrance for local valuation, connection with notary and inspectors, and personalized support according to your project.
Buyer or investor? Find the best purchase opportunities among our house listings for sale throughout France.
FAQ
What does a preliminary sales agreement contain when buying a house?
A preliminary sales agreement contains the identification of the parties, description of the property, price, planned date for the final deed, deposit or reservation indemnity and conditions precedent including the loan condition. It formalizes the agreement and is subject to the 10 day cooling off period.
Can I withdraw after signing the preliminary sales agreement?
Yes. A private buyer has a 10 calendar day cooling off period starting the day after notification or signature. Withdrawal must be notified in writing and allows recovery of the deposit without penalty.
Which property diagnostics are mandatory when buying a house?
The technical diagnostic file includes depending on age and location: energy performance certificate, lead, asbestos, termites, electricity, gas and other diagnostics according to the situation. The seller must provide these diagnostics no later than the preliminary agreement.
How to estimate notary fees when buying a house?
Notary fees include transfer taxes, fees, disbursements and land registration contribution. For an existing property, expect about 7 to 8 percent of the price; for a new property, 2 to 3 percent. For a precise estimate, use a simulator or contact a notary.
What to do if a hidden defect is discovered after buying a house?
If a hidden defect is proven, appoint an independent expert, keep evidence and initiate action under the hidden defects warranty against the seller seeking price reduction or cancellation. Consult a notary or lawyer regarding procedures and legal deadlines.
Which conditions precedent should be requested in a preliminary agreement to buy a house?
At minimum request the loan condition precedent with a maximum APR, obtaining administrative authorizations if necessary, absence of unreleased mortgage and prior sale of another property if required. Adapt clauses to your situation.
Where to find a house or apartment for sale?
You can find a house or apartment for sale on property listing websites, through agency networks such as Capifrance, via notaries or local word of mouth. A local real estate advisor remains the most effective way to access qualified properties, sometimes before public release, and to secure your search.
How to buy a house?
Buying a house follows key steps: define your budget and financing, search for the property, visit and review diagnostics, make an offer, sign the preliminary agreement with protective clauses, obtain the loan and then sign the final deed before the notary. Support from a real estate advisor secures each step.
Should you buy a house or an apartment?
The choice depends on your budget, lifestyle and plans. A house offers more space and independence but often requires more maintenance. An apartment is often better located and easier to manage but subject to condominium rules. A local advisor can help you decide based on the market and your priorities.
How to buy an apartment?
To buy an apartment, you must also review condominium documents: rules, charges, general meeting minutes, voted works and dated statement. The rest of the process is similar to buying a house: financing, preliminary agreement, cooling off period and signature before the notary.
How to buy a house without a contribution?
Buying without a contribution is possible but more demanding. You need a strong financial profile, job stability and possibly assisted loans or family support. Banks may accept 100 percent financing or even 110 percent including fees, but conditions are stricter.
How to buy real estate?
Buying real estate involves securing financing, checking the technical and legal condition of the property, signing a preliminary agreement with protective clauses and finalizing the purchase before the notary. Good preparation and professional support limit legal and financial risks.
How long does it take to buy a house?
On average, buying a house takes 3 to 4 months between accepted offer and signature before the notary. This period includes the preliminary agreement, cooling off period, loan approval and notarial formalities. Simple files may move faster while others require more time.
How much does buying a house cost?
The total cost includes the property price, notary fees, agency fees, diagnostics and often works. In practice, plan around 8 to 10 percent in addition to the purchase price to cover all related costs.
How much does a notary cost when buying a house?
Notary fees represent about 7 to 8 percent of the price for an existing house and 2 to 3 percent for a new house. They mainly include transfer taxes, notary fees and disbursements. The notary can provide a precise estimate before signing.
What contribution is needed to buy a house?
A personal contribution of 10 percent of the price is often recommended to cover related costs and reassure the bank. However, some profiles can buy with less or even without a contribution under certain conditions. The contribution directly influences the cost of credit and ease of loan approval.
Author :
Frédéric Rémy – Director of Commercial Performance
A real estate professional for several years within the Capifrance network, I would like to share with you some essential advice to help you succeed in your real estate project with the support of our advisors.
