How do you make a property purchase offer?

What a purchase offer is legally

The purchase offer is the act by which a prospective buyer proposes to the seller to buy their property at a determined price. It is not a mere expression of interest: under Article 1583 of the French Civil Code, the sale is complete as soon as the parties agree on the thing and the price, regardless of delivery or payment.

In practice, if you make an offer at the advertised price (or at a price accepted by the seller) and the seller accepts it in writing without modification, the agreement in principle is sealed. The parties must then formalize a preliminary contract (bilateral or unilateral sale agreement), and then the authenticated deed at the notary's office. A counter-offer from the seller, or an acceptance with reservations, does not form the sale: it constitutes a new offer that you are free to accept or not.

Favor writing and useful statements

A verbal offer carries no proof. Always formalize your offer in writing (letter, email or agency form). This secures the date, the price and the conditions, and avoids misunderstandings.

• The precise identification of the property (address, designation, co-ownership lot where applicable)
• The proposed price, in figures and in words, excluding acquisition costs
• A validity period for the offer (often 5 to 10 days) beyond which it lapses
• The conditions precedent envisaged, in particular obtaining the loan
• The statement that the sale will only become final upon formalization of the preliminary contract by notarial or private deed

The pitfalls to avoid

Never hand over any money at the offer stage. No deposit, security deposit or escrow should be handed over before signing the preliminary contract that governs the funds. A sum demanded too early is irregular.

Beware of the offer at the asking price: proposing exactly the asking price and without condition exposes you to the seller's acceptance immediately forming the sale. Systematically include the condition precedent of obtaining a loan if you finance on credit, along with any other condition important to you (clean mortgage register, absence of easement, planning). These conditions will appear in the sale agreement and will protect you.