Who writes the sales agreement? Everything you need to know before signing

The sales agreement is a key step in any real estate transaction. However, many buyers or sellers are wondering: Who is authorized to write it? Is it the notary, the real estate agent, or can you do it yourself? The answer depends on the context, but also on the level of legal certainty desired. Here is a comprehensive guide to understanding the possible roles in writing this document.

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🧾 What is a sales agreement?

The sales agreement is a pre-contract signed between the seller and the purchaser. It marks a firm agreement on the sale of real estate, before the signing of the authentic act at the notary.

This document sets out the essential conditions of sale : the price, the deadlines, the terms of payment, the suspensive conditions (in particular the obtaining of a loan), technical diagnoses, and any specific clauses. Legally, the compromise is binding on both parties. If one of them retracts outside the legal deadline or does not respect its commitments, penalties may apply.

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Discover all the steps of a real estate purchase in this article.

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✍️ Who can write the sales agreement?

🧑 ‍ ⚖️ The notary: the real estate law professional

The Notary is authorized to draft the sales agreement, whether it is a new or old property, in a condominium or a detached house. It ensures a secure legal framework, verifies documents (property title, mortgages, diagnoses, easements...) and guarantees the validity of the preliminary contract.

🏢 The real estate agent: an authorized intermediary

If you go through a real estate agency, The real estate agent can draft the compromise, provided you have a professional card. In this case, the compromise is often signed on the premises of the agency. This type of compromise has the same legal value, but the agent does not always check the legal aspects as closely as the notary. However, the agency works in collaboration with a notary for the rest of the process.

👥 Between individuals: possible but risky

It is absolutely possible to draft a sales agreement between individuals, without going through a professional. It must then be written very rigorously, with all the mandatory information: identity of the parties, designation of the property, price, suspensive conditions, calendar... An error or an omission can lead to the nullity of the compromise or to serious disputes. This option is not recommended unless you have a thorough understanding of real estate law.

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⚖️ Why have the compromise drawn up by a notary?

✅ Legal security

The Notary is a public officer specialized in real estate law, guaranteeing the legal compliance of the sales agreement.

Its mission: ensure the validity of the preliminary contract, integrating all the mandatory legal information and in compliance with the deadlines imposed by the regulations. It checks all the documents related to the property: title of ownership, mortgage situation, pre-emption rights, urbanism, potential easements, cadastre, or Statutes of co-ownership in case of sale of a lot.

Its security role is even more crucial when buying or selling a Very old, a building land, or a housing subject to specific rules (current lease, usufruct, joint ownership, etc.). Entrusting the drafting of the compromise to a notary thus makes it possible to avoid any Nullity of the sale, dispute between parties, or legal challenge linked to a poorly worded clause.

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🕊 Neutrality and advice

Unlike a real estate agent who can represent one of the parties, the notary acts impartially. He is neither a lawyer for the buyer, nor an agent for the seller, but guarantor of contractual balance.

He Explain in detail the implications of each clause (suspensive clause, penalty clause, withdrawal period, etc.), and ensures that each party understands their rights and obligations before signing. In this he is a independent legal advisor, able to prevent misinterpretations or abuses linked to unclear formulations.

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📁 A gain in time and reliability in the transaction

When the Compromise is drawn up by the notary, the latter constitutes in parallel the authentic act of sale investigation file. It collects administrative documents (mortgage status, urban planning regulations, condominium rooms, mandatory diagnoses, etc.), coordinates exchanges with banks in the event of a loan, and follows the evolution of the suspensive conditions.

This allows for a fluid and centralized follow-up of the file, without redundancy between different actors (notary, agency, bank). Result: the sale is often finalized more quickly, with less risk of blockages or omissions.

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📜 What does the sales agreement contain?

A well-written compromise includes:

• The identity of the parties
• The complete description of the property (address, surface area, condominium lot...)
• The agreed selling price
• The amount of the security deposit (often 5 to 10%)
• Suspensive conditions (for example: obtaining a loan, purging the right of pre-emption)
• The provisional calendar
• Mandatory real estate diagnostics
• Specific clauses (penalty clause, substitution clause, etc.)

The compromise can be signed Private under (between parties, with or without an agent) or In front of a notary, depending on the case.

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Read the article: what are the differences between a promise and a sales agreement?

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🛡️ What precautions should I take?

📅 Respect legal deadlines

After the signing of the sales agreement, the non-professional purchaser benefits from a right of withdrawal of 10 calendar days. This period starts the day after the handing over or receipt of the compromise by registered letter with acknowledgement of receipt.

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During these 10 days, the buyer can disengage without justification or penalty, by simple registered letter addressed to the seller or his representative (notary, real estate agent). This withdrawal period is mandatory for all sales of residential property, whether it is an apartment, a house or a mixed premises (residential + professional).

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⚠️ After this period, the compromise becomes legally binding. If the buyer withdraws without valid reason provided for in a suspensive clause, the seller can keep the security deposit (often 5 to 10% of the sale price). It is therefore essential to Do not sign lightly and to use this time frame to review the contract, ask questions, or get legal advice if needed.

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🧾 Check the ancillary documents

The sales agreement is always accompanied by a set of mandatory documents to be attached. These documents are intended to inform the buyer about the condition of the property and the rules applicable to its occupation. Their absence may result in the invalidity of the sale.
Some of the documents to be carefully examined include:

• Les real estate technical diagnostics : DPE, asbestos, lead, electricity, gas, gas, risk statement (ERP), etc. They make it possible to assess the general condition of the home.
• The condominium regulations : it details the rules of collective living, the common areas, the shares and the rights and obligations of the co-owner.
• Les latest minutes of the general meeting (AG) of the condominium: they reveal possible voted works or internal conflicts.
• THEdated condition : provided by the trustee, it indicates the charges due by the seller, any outstanding payments, and the costs to be expected in the short term.
• La information notice on the rights and obligations of the parties.

Fast reading is insufficient. It is recommended to check the expenses and the financial health of the condominium, or easements attached to the property, which may restrict its use. In case of doubt, the notary can help you decode these technical documents.

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⚠️ Pay attention to suspensive conditions

The sales agreement generally includes several suspensive clauses, which condition the final validity of the sale. The most common is the one related to Obtaining a home loan. It protects the buyer in the event that the bank refuses to finance the project.

But be careful:

• The clause must clearly indicate the amount, term and rate of the loan requested.
• The loan refusal must be justified by an official bank document, within a period generally set between 30 and 60 days.
• In the absence of a well-written clause or a deadline respected, the buyer could stay committed despite the bank refusal, which would require him to finance in other ways or to lose his security deposit.

There are also other frequent suspensive clauses:

• Absence of servitude or pre-emption by the municipality
• Obtaining a building permit or a change of destination
• Prior sale of another property if the purchaser conditions his purchase on the success of another transaction

Each clause must be adapted to the situation of the seller and the buyer, written in a clear and precise manner. Poor wording can lead to litigation or even a forced sale. It is therefore strongly recommended to have these clauses checked by a professional (notary or legal advisor) before signing.

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✅ Conclusion

The sales agreement can be drawn up by several parties: The notary, The real estate agent or the individuals themselves. However, going through a notary remains the safest solution to avoid mistakes and secure the transaction. It guarantees drafting in accordance with the law, deadlines respected, and balanced protection for both parties.

👉 Before signing, make sure you fully understand each clause. In case of doubt, the support of a professional is more than a comfort: it is a guarantee of serenity in your real estate project.

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❓ FAQ

Is the sales agreement mandatory?

No, but it is highly recommended. It formalizes the agreement between the parties and frames the sale before the final act.

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Do you have to be physically present to sign a sales agreement?

No The signature can be done remotely via a power of attorney or by secure electronic signature, especially at the notary.

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Can a compromise be modified after signature?

Yes, but only by endorsement signed by both parties. This may concern a change in date, clause, or suspensive condition.

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