Your rights and obligations — Buying and selling
Updated: 30/09/2026
This page summarises, for information only, the main rules governing the sale of a home in France. It does not replace the law itself or legal advice: the notary remains your point of contact for the sale. HAVELIA connects buyers and sellers: it is not a party to the sale.
1. You are buying
- Price: a professional’s listing shows the price including fees and, if the fees are payable by you, their amount as a percentage of the price excluding fees.
- Diagnostics: the technical diagnostic file is attached to the preliminary sale agreement. Depending on the property it covers the DPE, the risk statement, asbestos (building permit before 1 July 1997), lead (before 1949), termites (affected areas), electricity and gas (installations over 15 years old), non-collective sanitation and, for a house rated E, F or G, an energy audit.
- Co-ownership: the private floor area (loi Carrez) and the co-ownership information (charges, rules, general meeting minutes…) are provided to you.
- Withdrawal: after signing the preliminary agreement, you have ten days to withdraw from the purchase of a home, without reason or cost (Article L271-1 of the Construction and Housing Code). Between private individuals with no intermediary, no payment may be required before that period ends.
- Loan: if you finance the purchase with a loan, the agreement is subject to obtaining it (Article L313-41 of the Consumer Code); if it is refused, the sums paid are returned to you.
- Costs: on top of the price, allow for transfer duties and the notary’s fees.
2. You are selling
- Listing: it shows the DPE energy and climate ratings and the estimated annual energy costs. For a co-ownership unit, it also states the number of units, the average annual charges and any ongoing proceedings.
- Photos and descriptions must faithfully reflect the property. A retouched photo, virtual staging or an AI-generated visual must be flagged as such: whoever publishes a misleading presentation is liable for it.
- Diagnostics: you have the technical diagnostic file drawn up and hand it over at the preliminary agreement.
- Informing the buyer: you disclose any decisive information you are aware of (Article 1112-1 of the Civil Code). You remain bound by the warranty against hidden defects (Articles 1641 et seq.), which an exclusion clause only waives if you acted in good faith.
3. Private individual or professional
- Private individual: you sell your own property directly, with no fees. The diagnostic and disclosure obligations apply in full.
- Professional (estate agent, agent’s representative): holds a professional card issued by the Chamber of Commerce (Law No. 70-9 of 2 January 1970, the “loi Hoguet”), a financial guarantee and professional liability insurance, and acts under a written mandate.
- A professional makes their fee schedule available, including VAT, stating who pays the fees (Order of 10 January 2017). The fees are only due once the sale is final.
- A professional who uses artificial intelligence to write a listing or produce visuals remains responsible to the buyer for their accuracy.
4. Doubts about a listing?
If a listing looks misleading, fraudulent or contrary to these rules, use “Report this listing” at the bottom of it and our team will review it. Never pay a seller any money outside the notary’s process.
To find out more: service-public.fr and ANIL (the French national housing information agency), whose local ADIL advisers answer questions free of charge.

