The Importance of the Written Offer When Buying a Property in France

Buyer's Agent France - Guide

How to fully secure your dream home on the French Riviera

You’ve shortlisted the properties.

You’ve booked the flights, arranged the viewing trip, spent several days driving around the Côte d’Azur, and probably seen more villas than you can remember.

And then you find it.

The house you love.

The sea view, the pool, the terrace, the location. The property that feels like it could become your home in France.

So what happens next?

This is where things can become particularly important. Agreeing a price is only part of the process. You also need to make sure that the agreement is properly documented and that you move quickly towards the next stage of the purchase.

Here are the key steps we recommend.

Step 1: Come to a verbal agreement on the price

The first step is to agree on the price.

You may have spent some time discussing the property with the selling agent and hopefully reached a figure that both you and the vendor are happy with.

But don’t take anything for granted.

This is also the time to make sure that everything included in the deal is clearly understood.

Does the seller intend to leave the furniture?

What about the outdoor furniture?

The white goods?

The artwork in the entrance hall?

Or perhaps that picture of Saint-Tropez that you’ve already decided will look perfect in the guest bedroom?

If something matters to you, agree it now.

The more clearly the terms are established at the outset, the less chance there is of misunderstandings further down the line.

 

Don’t forget to use your position as a buyer

Negotiations in prime, highly sought-after markets on the French Riviera are not always about getting a huge discount.

There may be very little room on the price, particularly if the property is rare, well priced and attracting interest from several buyers.

There is usually some room to negotiate, however, whether that is on price, furniture, completion dates or other terms.

And if you’re a cash buyer, make sure the selling agent and vendor know it.

In a competitive situation, certainty can be very valuable. A buyer who can demonstrate that they are financially ready and don’t need to rely on mortgage finance can be more attractive to a vendor than a higher offer that comes with financing uncertainty.

Once you’ve reached an agreement, don’t simply shake hands and wait for the next stage.

Move quickly to Step 2.

Step 2: Get the offer in writing and properly accepted

This is the step that many international buyers overlook.

They reach a verbal agreement with the seller, shake hands, perhaps celebrate with a glass of rosé, and assume that the property is now theirs.

It isn’t that simple.

A verbal agreement may be an important part of the negotiation, but when you’re buying a €1 million, €3 million or €10 million property, you don’t want your purchase resting on a conversation.

You want the agreement documented.

A written offre d’achat formally records the buyer’s proposal and the essential terms of the transaction.

For a serious purchase, the written offer should be carefully prepared and accepted by the vendor, with appropriate legal advice where necessary.

What should the written offer contain?

The offer should clearly identify:

  • The buyer’s full name and address

  • The vendor’s name

  • The address and identification of the property

  • A clear description of the property being purchased

  • The proposed purchase price

  • The period for which the offer is valid

  • Any important conditions or specific terms agreed between the parties

  • Any relevant completion or signing timetable

  • A substitution clause, where appropriate, if you may ultimately purchase through a company or another legal entity

It should also be clear what is included in the transaction.

If the agreement includes furniture, appliances, fixtures, fittings or other specific items, don’t leave this to assumption.

Put it in writing.

If it’s important to you, write it down.

Why Article 1583 of the French Civil Code matters

There is an important principle in French property law that buyers should understand.

Article 1583 of the French Civil Code states:

« Elle est parfaite entre les parties, et la propriété est acquise de droit à l’acheteur à l’égard du vendeur, dès qu’on est convenu de la chose et du prix, quoique la chose n’ait pas encore été livrée ni le prix payé. »

In simple terms, the Civil Code provides that a sale is perfected between the parties once they have agreed on the property and the price, even though the property has not yet been delivered and the price has not yet been paid.

This is one of the fundamental points that can catch international buyers out when they assume that nothing is binding until the compromis de vente or promesse de vente is signed.

However, it is important not to oversimplify the position.

The precise legal effect of a particular written offer will depend on the wording of the document, how it is accepted, any conditions attached to it and the circumstances of the transaction.

This is why the written offer needs to be prepared properly.

It isn’t simply an email saying:

“We love the villa and would like to offer €3 million.”

It should be a properly considered document that accurately reflects what has been agreed between the buyer and seller.

What happens if another buyer appears?

This is where things can become particularly important on the French Riviera.

Imagine you’ve negotiated a beautiful villa down to €3 million.

You’ve agreed the price.

You’ve agreed which furniture is staying.

You’ve agreed the timetable.

You’ve submitted your written offer and the vendor has accepted it.

Then, the following morning, another buyer walks through the door and offers €3.5 million.

What happens?

This is precisely the kind of situation where having properly documented your agreement matters.

You don’t want to discover that the vendor has simply accepted your verbal offer and is now entertaining a substantially higher proposal from somebody else.

A properly documented agreement establishes what has been agreed between the parties and allows the transaction to move forward towards the formal pre-sale contract.

Don’t assume that once your offer has been accepted, you can simply sit back and relax.

The next stage, usually the compromis de vente or promesse de vente, still needs to be progressed promptly. The notaire and other professionals involved in the transaction will then deal with the legal, technical and administrative aspects of the purchase.

The written offer is an important part of securing the deal. It is not a reason to stop paying attention.

The importance of moving quickly

In a competitive market, speed matters.

Once you have found the right property and agreed the commercial terms, you want to move from:

Viewing → Negotiation → Written offer → Acceptance → Compromis or Promesse → Completion

as efficiently as possible.

Every day that passes creates an opportunity for something to change.

The vendor’s circumstances can change.

Another buyer can appear.

A question can arise over the property.

A financing issue can emerge.

Or a seemingly straightforward transaction can simply lose momentum.

A good buyer’s agent understands this and manages the process proactively.

Don’t leave the written offer until the last minute

One of the advantages of working with an experienced buyer’s agent is that the written offer isn’t an afterthought.

It is part of the strategy.

Before the offer is submitted, we can help establish:

  • What price should actually be offered

  • How competitive the situation is

  • Whether there are other buyers

  • What terms are important to the vendor

  • What items should be included in the sale

  • Whether the buyer is purchasing personally or through a company

  • What conditions need to be included

  • How quickly the transaction can realistically progress

  • How the offer should be presented to maximise the chances of acceptance

Because buying a property in France isn’t simply about finding the right house.

It’s about securing the right house on the right terms.

Don’t let your dream home slip away

You’ve already done the hard part.

You’ve found the property you love.

You’ve negotiated the price.

Now is not the time to assume everything will simply fall into place.

Get the agreement documented. Make sure the offer accurately reflects what has been agreed. Make sure it is properly accepted. Then move quickly towards the compromis de vente or promesse de vente, with the appropriate professional advice.

For a buyer spending hundreds of thousands or millions of euros on a property in France, this is not just an administrative detail.

It is an important part of protecting the transaction.

At Buyer’s Agent France, we have 18 years of experience representing buyers and securing property deals across the South of France and the French Alps.

We understand how the French property market works, how negotiations unfold and, just as importantly, what needs to happen once you’ve found the property you want to buy.

Because when you’ve found your dream home on the Cote d’Azur, you don’t want to leave anything to chance.

If you want someone in your corner when purchasing a home in France, get in touch with Buyer’s Agent France.

Meet Ryan

Founding Director, Buyer’s Agent France

“I firmly believe that buying a French home isn’t just about buying a villa on The Cote d’Azur, a house on The Basque Coast, a chalet in The French Alps or a farm house in Provence; it’s about the truly exceptional lifestyle that comes with it”.

Looking to Buy Luxury Property in France?

Ryan Green, founder of Buyer’s Agent France, is a leading French property expert with over 20 years living in France and 17 years in French real estate. 

He started out as a property finder in Provence in 2008, before pivoting to a traditional selling agent business model over many years covering Provence, The French Riviera, The French Alps and South West France.

 In 2021 after selling the successful real estate agency he founded and managed, My Dream Home France, Ryan realised that the demands of the high-level international buyers weren’t being catered to at a standard one would expect. He created Buyer’s Agent France to fill this gap in the market and offers an unparalleled level of service and expertise clients can find when wishing to acquire real estate in France. Ryan started  offers full buyer representation and concierge-level service, helping international clients find, evaluate, and purchase their dream luxury home in France.

Specialising in all prime locations, including the Côte d’Azur, Provence, South West France (Bordeaux, Biarritz, Arcachon, Cap Ferret, Dordogne..) Occitanie (Toulouse, Carcassonne…) Brittany, Paris and the French Alps, amongst others. Unlike traditional agents, Buyer’s Agent France works exclusively for the buyer, curating the finest luxury French properties, negotiating optimal terms, and guiding you seamlessly through every step of the purchase process. 

Fluent in French, Dutch, and English, Ryan ensures that buying property in France is stress-free, sophisticated, and tailored to your lifestyle.

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Buyer’s Agent France has represented clients from all over the world, over a dozen different
nationalities and countries of residence.  We offer the easiest, hassle-free and secure solution
to buying a property in France.

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