Standard Clauses in a Compromis de Vente

There are a number of standard clauses that can terminate the contract without the loss of your deposit.

If the property is rural then “The Société d'Amenagément Foncier et d'Establissement Rural (SAFER)” may have the right to preempt the purchase of land that it feels should be peserved as agricultural land. This should take around 60 to 90 days  It is very rare that SAFER acts to preempt a sale – you will just have to put up with any extra delay while they decide if you are buying a large property.

The local community within which your new home lies also has the right to preempt the purchase. This is not common, but does occur from time to time when the "Mairie" decides that they need a particular building or piece of land for the benefit of the commune.

Another standard clause is one regarding public or private development plans that might affect the value and your enjoyment of the property you expect to purchase. The notaire will search for details of any planned new roads, railway lines or other substantial project that might impact upon the property you are purchasing.

If you are going to need a French mortgage to raise the full property price then the purchase agreement should include clauses to reflect this. The agreement should be subject to your obtaining a mortgage at a rate less than or equal to an agreed rate. It will also probably require you (the purchaser) to apply for the required mortgage with all speed and may specify the need to provide documentary evidence that you have done so within a set time period. This covers you in the event that you are refused a mortgage as well as assuring the vendor that you will make timely and effective efforts to arrange one.

If you are not planning on taking out a mortgage then the agreement willl include a section where you attest that the purchase will be made from your own resources.

The vendor may want to add a clause to the agreement as well. If the house has gas central heating using a large GPL (Gas Petrolium Liquide - LPG in English) tank then it would be normal to agree to transfer any related rental and service agreements along with the property.

It shouild state whether the property is connected to mains services such as electricity and water and whether it has mains drainage or a septic tank.

The contract should also stipulate whether there are any rights of way over the property or in favour of the property such as use of a drive belonging to a neighbouring property.

Should one of the purchasers unfortunately die before the completion then the co-purchasers  have the right to back out of the sale/purchase without the loss of any deposit or (at their option) or they may proceed with the contract.  The death of one vendor normally obliges their heirs to respect the contract.