What is an offer to buy a property?

The offer to purchase usually takes the form of a letter that you send to the seller or real estate agent by mail RAR: titleContent or by email.

It must be:

• precise, i.e. mention the good and the price,
• and firm, i.e. express the will to purchase the property in the event of acceptance of the offer by the seller.

To avoid any difficulties, the offer must contain the following information:

• Designation of the property (full address, floor, nature of the property, area etc.)
• Price set by the buyer
• Offer Date
• Period of validity of the offer.

To make it easier for the seller to make his decision, the following information can be added:

• Financing plan (personal contribution, loans, bridge loan, sale of a property to finance the purchase...).
• Sale under the suspensive condition obtaining a mortgage
• Amount of the security deposit given to the notary upon signature of the sales agreement
• Sale subject to the condition precedent of obtaining an urban planning authorization
• Date of entry into the desired premises.

The law does not set a period for the validity of the offer to purchase a property.

It is:

• Either fixed by the buyer which mentions, in its offer, a period of validity (for example, valid until 30 September). In practice, this period can vary from a few days to several months. After this period, if the seller has not accepted the offer, it becomes null and void (it is no longer valid).
• Either determined by the judge. Where the offer does not provide for a time limit, it must be maintained for a reasonable period. In the event of a dispute, it is for the court to determine the duration of the dispute, taking into account the nature of the goods, the quality of the buyer and the circumstances of the case.

He is forbidden to pay a down payment to the seller.

The payment of a sum of money makes the offer to purchase null.

The buyer can freely retract, i.e. revoke his decision, until the seller receives the offer to purchase.

As soon as the offer is received by the seller, the buyer can no longer withdraw it.

The seller must respond in writing to the offer to purchase. It may:

• Accept the offer without reservation: its acceptance must be pure and simple, without modification of the proposed conditions. Once the parties agree on the goods and the price, the seller is committed and can no longer withdraw. If he then refuses to regularize the sale, the buyer may refer the matter to the court to request its approvalforced execution and optionally obtaining damages and interest as compensation for his damage.
• Make a counter-proposal: if the seller modifies certain elements (price, conditions, goods, deadlines, etc.), his response is not worth acceptance. It constitutes a new offer, which the buyer remains free to accept or refuse. The initial offer is then rejected and lapses.
• Reject the offer to purchase. In this case, the offer lapses.
• Do not answer. Silence is not acceptance. The offer shall lapse on expiry of the period fixed by the buyer or, if not, after a reasonable period of time.