Buying or selling a property involves legal and financial mechanisms that have become more complex in recent years. With the evolution of mandatory diagnostics, loan conditions, and the unavoidable timelines at the notary, each step deserves to be understood before being taken. This article details the concrete points of vigilance to secure a real estate transaction, whether you are on the buyer’s side or the seller’s side.
Energy audit and DPE: what changes for the sale of a property
Since January 1, 2025, the sale of a single-family home or a single-property classified E, F, or G according to the DPE requires a regulatory energy audit in addition to the classic energy performance diagnosis. Condominiums are not subject to this obligation.
Why is this point decisive? Because the DPE is now legally enforceable. A buyer who finds, after signing the deed, that the actual energy class of the property is lower than that displayed can hold the seller liable. The DPE is no longer just an informational document slipped into the file: a diagnostic error can lead to litigation.
Moreover, old DPEs carried out before the 2021 reform, including so-called “blank” DPEs, can no longer be used as valid proof during a sale since early 2025. If you are selling a property with a diagnosis that is several years old, it will need to be redone according to the updated method.
A property classified G is also prohibited from being rented out since January 1, 2025, with a gradual schedule for classes F and then E. For a landlord, the question arises: undertake energy renovation work or sell the property as is, factoring in a discount related to the energy inefficiency. This regulatory constraint directly impacts the sale price and negotiation with the buyer.
Several specialized platforms centralize listings of properties with their detailed characteristics, and some offer dedicated support. The listings available on the Vènerie Immo website allow, for example, to consult properties with their technical information even before organizing a visit.
Sales agreement and promise: two commitments not to confuse
You have found the property that matches your project. The purchase offer has been accepted. Then comes the signing of a preliminary contract, but which one?
The sales agreement binds both parties: the seller and buyer mutually commit to completing the transaction. If the buyer withdraws outside the legal timeframe and without suspensive conditions, the seller can demand the forced execution of the sale or retain the deposit.
The unilateral promise of sale, on the other hand, only binds the seller. The buyer has a period (called “option”) to decide whether or not to purchase. In return, they pay a reservation fee, usually proportional to the price.
Suspensive conditions to check before signing
Suspensive conditions protect the buyer. If one of them is not met, the sale is canceled without penalty. Here are the most common:
- Obtaining the mortgage within a defined timeframe in the agreement. Without this clause, a loan refusal does not release the buyer.
- The absence of urban planning easements or preemption by the municipality, verified by the notary after receiving the file.
- The completion of prior work agreed upon by the parties, or obtaining a building permit if the project requires it.
The legal withdrawal period is ten days from the notification of the agreement. This period starts the day after the first presentation of the registered letter or the hand delivery.
Mortgage and borrowing capacity: the criteria that determine your budget
Borrowing capacity depends on several variables that the bank examines together. The maximum debt ratio, net income, job stability, and personal contribution form the basis of the analysis.
Before starting the search, requesting a loan simulation from your bank or a broker helps frame a realistic budget. Searching for a property without knowing your borrowing capacity is like aiming blindly.
Additional costs to include in the purchase price calculation
The price displayed in the listing is not the final cost. Several items are added:
- Notary fees, which represent a significant portion of the price in the old market (higher than in new constructions).
- Loan guarantee fees (mortgage, bank guarantee, or lender privilege).
- Any agency fees, borne by the buyer or seller depending on the signed mandate.
- The cost of additional diagnostics or work identified during visits.
Failing to budget for these additional costs can jeopardize financing or force a last-minute revision of the project downwards.
Signing the deed of sale at the notary: what happens on D-day
Several months pass between the signing of the agreement and the signing of the authentic deed. The notary checks the legal situation of the property, clears the urban preemption right, collects the diagnostics, and ensures that the suspensive conditions are lifted.
On the day of signing, the notary reads the entire deed. The buyer becomes the owner as soon as the authentic deed is signed, and not upon receiving the keys, which may happen the same day or on an agreed date.
The seller receives the sale price via bank transfer, after deducting any outstanding balance on their loan (if there is a release of mortgage) and fees. In the case of a quick resale, the capital gain may be taxed, unless exempted due to the principal residence.
The energy inefficiency that weighs on prices, the enforceable DPE that exposes sellers, the suspensive conditions that protect buyers: each mechanism has its logic. Mastering these points before committing avoids unpleasant surprises, whether buying your first home or selling an apartment.
