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2. Offer to Buy
Strictly speaking, if you make an offer to buy in France – even a verbal offer – and the seller accepts it, then a contractual commitment arises.
There is no such thing in France as a sale ‘subject to contract’, as is the case in the UK.
Sometimes, you may be asked by an estate agent or seller to make a formal written offer, called an offre d’achat. A pre-printed form for this purpose is often used.
If the other party accepts your offer then a contract arises, subject to any conditions that may be in the offer.
So you need to be a little cautious about signing an offer to buy, and our advice would be not to sign anything until you are in front of a notaire to sign the sale contract.
One of your main safeguards is that the law grants a buyer a seven day cooling off period, following confirmation of acceptance by the seller, during which you can withdraw from the contract without penalty.
The confirmation by the seller should be communicated by recorded delivery letter, and the seven day period of retraction does not start until the day after the letter of confirmation has been received.
This cooling off period does not apply in the case of the purchase of a single building plot.
The law strictly forbids a seller or agent to ask for a deposit at the time an offer to buy is made.
Accordingly, if you do sign an offre d'achat do not, under any circumstances, hand over any kind of deposit to the owner.
A deposit should only be handed over at the time you sign the sale and purchase agreement.
Next: Sale and Purchase Agreement
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