Les conseils du notaire pour l’offre d’achat d’un appartement à Rennes

You have visited a property in Rennes and you have the crush. If you like this apartment or house, you have to make an offer. How to make an offer to buy an apartment in Rennes according to a notary? 

The validity of the offer to purchase by mail of an apartment in Rennes

The principle of consensualism dominates the law of French contracts. This means in practice that it is sufficient for the parties to agree to form a contract. The civil code also sets the rules for an offer and its acceptance. As a notary in Rennes , apartment purchase offers are often made by email.

What is the value of these offers to buy an apartment in Rennes ? We will say that it depends if one is a buyer or a seller. Buyer side, it can always retract the signature of the preliminary contract: compromise or unilateral promise. Therefore, the buyer is never permanently bound by an offer even by internet. On the seller side, the problem goes back to the level of proof. Even if internet evidence is embedded in the civil code, a reliable method must authenticate the signature with certainty. An email with an unauthenticated signature is not valid.

Guide to validate an offer to buy an apartment in Rennes

What must the offer to buy an apartment in Rennes contain ? The verbal offer has no legal value and does not bind the purchaser. It must be a written offer, depending on the selling price of the property . The latter must contain a minimum of mentions:

  • apartment for sale RennesIdentification of parties
  • Description of the property
  • The validity period of the offer (usually short, 8 days for example)
  • The proposed price

 

According to Nicolas Gautier, the offer to acquire an apartment must contain the financing conditions for the acquisition project. In our opinion, this may have an influence on the choice of the seller to withhold an offer or not. A seller will prefer a prospective acquirer with a minimum contribution than a candidate who finances the price and fees with a loan. Finally, this offer must be signed preferably by hand. The form of the signed mail is ideal. At this point, no money must be paid.

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