{"id":13060,"date":"2025-11-12T09:35:24","date_gmt":"2025-11-12T09:35:24","guid":{"rendered":"https:\/\/staging.consultants-immobilier.com\/?page_id=13060"},"modified":"2025-11-12T09:35:24","modified_gmt":"2025-11-12T09:35:24","slug":"what-is-a-private-sales-agreement","status":"publish","type":"page","link":"https:\/\/staging.consultants-immobilier.com\/en\/sellers-guides\/the-stages-of-the-sale\/promise-to-sell\/what-is-a-private-sales-agreement\/","title":{"rendered":"What is a private sales agreement?"},"content":{"rendered":"

[vc_row full_width=”stretch_row_content” content_placement=”top” css=”.vc_custom_1670852810251{background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”back_div”][vc_column css=”.vc_custom_1657728499249{padding-right: 15px !important;padding-left: 15px !important;}”][vc_raw_html css=””]JTNDZGl2JTIwY2xhc3MlM0QlMjJteV9iYWNrX2J1dHRvbiUyMiUzRSUwQSUwOSUwOSUwOSUwOSUwOSUwOSUzQ2ElMjBocmVmJTNEJTIyaHR0cHMlM0ElMkYlMkZ3d3cuY29uc3VsdGFudHMtaW1tb2JpbGllci5jb20lMkZlbiUyRnByb3BlcnR5LWd1aWRlcyUyRiUyMiUzRSUzQyUyMEJhY2slMjB0byUyMHByb3BlcnR5JTIwZ3VpZGVzJTNDJTJGYSUzRSUwQSUwOSUwOSUwOSUwOSUwOSUzQyUyRmRpdiUzRQ==[\/vc_raw_html][\/vc_column][\/vc_row][vc_row css=”.vc_custom_1762939718140{background-image: url(https:\/\/staging.consultants-immobilier.com\/wp-content\/uploads\/2025\/11\/seing_prive.png?id=13061) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”override_left”][vc_column css=”.vc_custom_1657728499249{padding-right: 15px !important;padding-left: 15px !important;}”][\/vc_column][\/vc_row][vc_row el_class=”override_pos”][vc_column][vc_row_inner css=”.vc_custom_1662026446228{background-color: #e4e4e4 !important;}”][vc_column_inner][vc_custom_heading text=”What is a private sales agreement?” font_container=”tag:h1|font_size:37|text_align:center|color:%23040e31″ use_theme_fonts=”yes” css=”.vc_custom_1762939920928{padding-right: 20px !important;padding-bottom: 30px !important;padding-left: 20px !important;}” el_class=”relative_pos”][\/vc_column_inner][\/vc_row_inner][vc_row_inner equal_height=”yes” el_class=”firstblock guide-wrapper-row vc_row-o-equal-height vc_row-flex” css=”.vc_custom_1765897502487{background-color: #ffffff !important;}”][vc_column_inner width=”4\/5″][vc_column_text css=”” el_class=”resume_block”][\/vc_column_text][vc_column_text css=”” el_class=”content_block”]The <\/span>private sales agreement<\/b> refers to a preliminary real estate sales contract drafted and signed directly between the parties \u2014 in other words, without the intervention of a public officer such as a notary. Unlike the authentic deed established before a notary, this document is drawn up under the sole responsibility of the signatories or their representatives (a real estate agent or a lawyer). Once signed, both seller and buyer are bound: the former must sell, the latter must buy \u2014 unless certain conditions are not met, such as obtaining a mortgage loan or the absence of hidden easements. Here\u2019s how it works.<\/span><\/p>\n

What exactly is a private sales agreement?<\/b><\/h2>\n

From a legal standpoint, the private sales agreement is a genuine contract in which both parties make reciprocal commitments. It is called a “synallagmatic” agreement under <\/span>Article 1372 of the French Civil Code<\/span><\/a>. In simple terms: the seller agrees to sell their property, and the buyer agrees to purchase it at the agreed price.<\/span><\/p>\n

As stated clearly in <\/span>Article 1589 of the Civil Code<\/span><\/a>, \u201ca promise of sale is equivalent to a sale when there is mutual consent of both parties on the property and on the price.\u201d This <\/span>sales agreement<\/span><\/a> has the same legal value as one signed before a notary. As long as it meets the basic validity conditions of a contract (free consent, legal capacity, defined object and price), it produces <\/span>exactly the same legal effects<\/b>.<\/span><\/p>\n

Most sales agreements today are signed privately and then confirmed before a notary a few months later. This approach has become common because it allows a property to be quickly secured while leaving time for financial and legal verifications.<\/span><\/p>\n

What\u2019s the difference between a private deed and an authentic deed?<\/b><\/h2>\n

The main difference lies in the notary. A private deed is <\/span>written by the parties themselves or their legal advisers<\/b> and simply signed between them. However, it only gains a certain date upon its registration, the death of one of the signatories, or its inclusion in an authentic deed.<\/span><\/p>\n

The <\/span>authentic deed of sale<\/span><\/a> is another matter. The notary who drafts it assumes professional responsibility, verifies everything, keeps the original securely, and can enforce the contract (Article 1371 of the Civil Code).<\/span><\/p>\n

However, it\u2019s important to note that for a real estate sale, French law requires a final authentic deed (<\/span>Decree of January 4, 1955<\/span><\/a>) to officially record the change of ownership with the <\/span>Land Registration Office<\/b>. Without this, you are not legally recognized as the property owner by the State.<\/span><\/p>\n

What mandatory information must this agreement contain?<\/b><\/h2>\n

To be legally valid and avoid future disputes, your agreement must include precise and complete information. It must contain at least:<\/span><\/p>\n