Can a real-estate sale promise be signed electronically?

Yes, without restriction. The ALUR law of 24 March 2014 and decree n°2014-1581 of 23 December 2014 explicitly validated electronic signature for real-estate preliminary contracts. Art. 1366 of the French Civil Code guarantees legal validity. Notaries have accepted AES-signed electronic copies since 2018 for authentic-deed preparation.

What's the difference between unilateral promise and synallagmatic promise (compromis)?

The unilateral promise binds only the seller (the beneficiary has an option to exercise within a defined period, usually with an immobilisation indemnity). The synallagmatic promise (compromis) immediately binds both parties — art. 1589 CCiv « equals sale ». The compromis is now the standard form, faster and more protective for both parties.

Which signature level: SES, AES or QES?

Advanced signature (AES) is the recommended standard for a real-estate promise. It provides presumption of reliability (art. 1367 CCiv) — essential for calculating the L271-1 cooling-off period and proving notification date. QES is used for sales > €1M or foreign sellers (reinforced anti-money-laundering / KYC).

How does the 10-day cooling-off period (L271-1) work?

The non-professional buyer has 10 days from notification of the signed promise to withdraw without reason or penalty. Notification must be made by registered mail or electronic signature with delivery receipt (our flow generates it automatically). The period is « franc »: if day 10 falls on Saturday, Sunday or holiday, it is postponed to the next business day. eIDAS audit trail = proof of exact notification date.

What are the usual conditions precedent?

(1) Mortgage approval (the most common — 30 to 60 days to produce an accepted loan offer); (2) Urban-planning conditions (no easement, PLU compliance, positive urban-planning certificate); (3) Condominium consent for preemption right; (4) No preemption right exercised by the municipality or SAFER; (5) Mortgage discharge if applicable. Each condition has its own deadline, managed by our dashboard.

What if the buyer fails to lift a condition precedent?

If the condition is not lifted due to the buyer's fault (negligence in mortgage application, for example): the seller may keep the security deposit + claim specific performance or damages. If not lifted for an external reason (bank refuses, unfavourable urban planning): the promise is automatically resolved, the security deposit is returned to the buyer, no compensation.

Does the promise replace the notarial authentic deed?

No. The promise is a preliminary contract binding the parties. The definitive real-estate sale requires a notarial authentic deed to be enforceable against third parties and published in the land registry (official ownership transfer). The interval between promise and authentic deed is usually 2 to 3 months — time to lift conditions precedent and secure financing.

How long should the promise be kept?

10 years minimum from authentic-deed signature. In practice, lifelong retention recommended (hidden-defect disputes, warranty claims). Certyneo automatically archives the promise + its eIDAS audit trail for 10 years, free of charge, accessible anytime from your dashboard.

Art. 1589 French Civil Code · 10-day cooling-off (Loi SRU) · eIDAS AES

Sign a real-estate sale promise online, in 2 minutes

Synallagmatic sale promise (« compromis ») between seller and buyer of real estate, signed electronically with the same legal value as paper. Compliant with art. 1589 of the French Civil Code (« sale promise equals sale ») and art. L271-1 of the Construction Code (10-day cooling-off for non-professional buyer) — AES eIDAS signature, multi-signers.

Legal framework: Art. 1589 French Civil Code
Signature level: AES eIDAS recommended
Legal archive: 10 years

What is a real-estate sale promise?

A real-estate sale promise (often called « compromis ») is a preliminary contract by which the seller commits to selling and the buyer to buying a property at a determined price, subject to conditions precedent (mortgage approval, urban planning, condominium consent for a preemption holder). Per art. 1589 of the French Civil Code, « a sale promise equals a sale when the two parties mutually consent on the thing and the price » — the commitment is immediate and reciprocal. For the non-professional buyer, art. L271-1 of the Construction Code mandates a 10-day cooling-off period from notification, during which the buyer can withdraw without reason or penalty.

Why sign a real-estate sale promise electronically?

Identical legal value

Art. 1366 of the French Civil Code grants electronic writing the same probative force as paper. The ALUR law of 2014 and the decree of 23 December 2014 explicitly validated electronic signature for real-estate preliminary contracts. Notaries have accepted AES-signed electronic copies since 2018.

Multi-signers (seller + buyer + agency)

Seller(s) — often a couple —, buyer(s) — often a couple too —, real-estate agency mandate holder, optionally the guarantor. Our flow handles sequential signature with individual SMS OTP per signer. No more signatures sent by registered mail.

10-day cooling-off built in

Art. L271-1 mandates a 10-day cooling-off period for the non-professional buyer from notification. Our flow automatically triggers the timer and sends reminder notifications at D+8 and D+9. eIDAS audit trail to prove the exact notification date — basis for calculating the period.

Conditions precedent tracked

Each condition precedent (mortgage, urban planning, condominium) has its own deadline. Our dashboard tracks the state of each and automatically notifies parties at expiry. Convenient for the notary preparing the authentic deed.

Sign a real-estate sale promise in 4 steps

From drafting the promise to legal archiving, in under 5 minutes.

1. Prepare the promise
Upload your PDF promise (drafted by the agency, notary or our generator): property designation (cadastre, surface, energy rating), price, conditions precedent (mortgage, urban planning), notarial reiteration date, security deposit.
2. Add the signers
Seller(s), buyer(s), agency mandate. Each receives a personalised secure link by email + individual SMS OTP. Cooling-off notification to non-professional buyer triggers automatically.
3. Choose the eIDAS level
Advanced signature (AES) recommended for a real-estate promise: presumption of reliability (art. 1367 CCiv), SMS OTP, unique certificate per signer. QES used for sales > €1M or foreign sellers (reinforced anti-money-laundering checks).
4. Sign, notify, archive
Each party signs from their phone or computer. The finalised promise + proof PDF are archived for 10 years automatically. Automatic L271-1 cooling-off notification to the non-professional buyer (10-day timer). Authentic-deed preparation streamlined for the notary.

Frequently asked questions

Can a real-estate sale promise be signed electronically?: Yes, without restriction. The ALUR law of 24 March 2014 and decree n°2014-1581 of 23 December 2014 explicitly validated electronic signature for real-estate preliminary contracts. Art. 1366 of the French Civil Code guarantees legal validity. Notaries have accepted AES-signed electronic copies since 2018 for authentic-deed preparation.
What's the difference between unilateral promise and synallagmatic promise (compromis)?: The unilateral promise binds only the seller (the beneficiary has an option to exercise within a defined period, usually with an immobilisation indemnity). The synallagmatic promise (compromis) immediately binds both parties — art. 1589 CCiv « equals sale ». The compromis is now the standard form, faster and more protective for both parties.
Which signature level: SES, AES or QES?: Advanced signature (AES) is the recommended standard for a real-estate promise. It provides presumption of reliability (art. 1367 CCiv) — essential for calculating the L271-1 cooling-off period and proving notification date. QES is used for sales > €1M or foreign sellers (reinforced anti-money-laundering / KYC).
How does the 10-day cooling-off period (L271-1) work?: The non-professional buyer has 10 days from notification of the signed promise to withdraw without reason or penalty. Notification must be made by registered mail or electronic signature with delivery receipt (our flow generates it automatically). The period is « franc »: if day 10 falls on Saturday, Sunday or holiday, it is postponed to the next business day. eIDAS audit trail = proof of exact notification date.
What are the usual conditions precedent?: (1) Mortgage approval (the most common — 30 to 60 days to produce an accepted loan offer); (2) Urban-planning conditions (no easement, PLU compliance, positive urban-planning certificate); (3) Condominium consent for preemption right; (4) No preemption right exercised by the municipality or SAFER; (5) Mortgage discharge if applicable. Each condition has its own deadline, managed by our dashboard.
What if the buyer fails to lift a condition precedent?: If the condition is not lifted due to the buyer's fault (negligence in mortgage application, for example): the seller may keep the security deposit + claim specific performance or damages. If not lifted for an external reason (bank refuses, unfavourable urban planning): the promise is automatically resolved, the security deposit is returned to the buyer, no compensation.
Does the promise replace the notarial authentic deed?: No. The promise is a preliminary contract binding the parties. The definitive real-estate sale requires a notarial authentic deed to be enforceable against third parties and published in the land registry (official ownership transfer). The interval between promise and authentic deed is usually 2 to 3 months — time to lift conditions precedent and secure financing.
How long should the promise be kept?: 10 years minimum from authentic-deed signature. In practice, lifelong retention recommended (hidden-defect disputes, warranty claims). Certyneo automatically archives the promise + its eIDAS audit trail for 10 years, free of charge, accessible anytime from your dashboard.

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