To remedy this potential problem, you and the seller must sign a contract that at least requires the seller to sell and gives the Notary time to verify the execution of the non-compliance clauses – suspensive – and collect the necessary documents for the final act and finance the purchase. The benefactor of the promise is not obliged to buy until he has accepted the purchase. It is said that the beneficiary of the promise the option. The use of the option may force both parties to buy because the contract binds them. In practice, it is quite common for there to be no option survey and for the Notary to call on both parties to sign the final deed before him, and the buyer`s acceptance is then implied. Any agreement on the details of the purchase and its price is able to engage both parties. Therefore, everyone has the power to enter into such a contract. Given the importance of this treaty, it is useful to ask a professional to design it and what better professional for French mediation than a French notary. The size of this amount in both contracts is such that in the case of high booking fees (z.B. 20%) it could be considered that the effective agreement is not a promise of sale; the beneficiary`s obligation to purchase is implicit. His professional experience and responsibility are generally the best guarantee against any loophole. Let him know what you want to do.
Both types of contracts are signed at a much earlier stage than in the case of an English transaction. The framework of the French treaty will structure all the issues and, as a general rule, the general disposal clauses mention the main reasons that could prevent the signing of transport. But at the same time, if the buyer signs the promise of sale, he pays the stakeholder a booking fee (usually 10% of the purchase price). This payment is nothing more than to prove the commitment of the recipient of the promise to purchase. If he does not want to buy and cannot justify that one of his exit clauses has not been complied with, this sum will be paid to the seller. This could be called the option price. You should keep in mind that the most important difference between the two contracts is that the buyer is not bound by the promise of sale while he is in the event of a compromise. In addition, you will find other conditions such as a decree (release tax) for any sum that the buyer himself obliges to pay to the seller to be exempt from a purchase obligation. If it is called a penal clause (liquidated damages), its amount could still be subject to quantum judicial review.