Selling property in France: tax implications and advice

According to data from the country’s notarial authority (Notaires de France), 916,000 transactions were concluded on the secondary real estate market in 2025. By mid-2025, housing prices had increased by an average of 2.5%. In the moderately cooled market conditions of 2025, the time required to sell secondary residential property in France rose to 4–9 months.

Comparison of the main sales formats

Selling property in France on your own

A portion of secondary real estate transactions in France is carried out without the involvement of an estate agent. As a rule, this concerns smaller properties or flats in cities with consistently strong demand. In such cases, owners often decide to handle the sale themselves, hoping to save on agency fees and speed up the transaction process.

Before making a final decision to sell a property privately, it is essential to weigh all the advantages and limitations of this format. By declining the services of an estate agent, the owner assumes full responsibility for ensuring the legal validity of the transaction — responsibilities which, under French law, would otherwise lie with the agent. This means that the seller is personally accountable for the accuracy of all information about the property, the clarity of its legal status, the preparation of the contract, and the proper completion of every stage of the transaction.

Advantages of selling without an agency

• no agency commission;
• direct communication between the seller and the buyer;
• potential opportunity to set a price above the market average if the property is positioned successfully.

Disadvantages and risks of selling independently

• Advertising costs for the property fall entirely on the seller.
• Personal involvement in viewings and the need to coordinate schedules with potential buyers.
• Risk of a prolonged sale — finding a buyer may take an indefinite amount of time.
• Necessity to prepare the contract and oversee all legal stages independently.
• Possibility of not selling the property at all if the price is inflated or the asset lacks sufficient liquidity.

Public sale of real estate through an auction

In France, there is another format for the private sale of property — sale through a public auction. In most cases, the property is put up for auction at the initiative of the owner. The auction format is widely used in situations involving the division of jointly owned property, including cases arising from divorce. This mechanism allows the parties to exit joint ownership quickly and resolve disputes related to the distribution of assets.

Stages of selling real estate through an auction

1. Notarial valuation of the property
Before the property is put up for auction, an official notarial valuation must be carried out. The notary examines the technical characteristics of the property, its legal status, its actual condition, and the situation in the local market. The valuation is based on comparable market transactions and serves as the legal basis for determining the starting price. The accuracy of this procedure directly affects buyer interest and the dynamics of the auction.
2. Setting the starting price
After the valuation has been completed, the notary, in agreement with the owner, sets the initial price of the property. A mandatory minimum discount of 30% is applied to this price to attract greater interest from potential buyers and to create a competitive environment during the auction. The starting price is not the final value of the property; it serves as the initial point from which bids are expected to rise during the auction.
3. Preparing the list of expenses
Before the auction begins, the notary prepares a full and transparent list of all expenses associated with the purchase. This includes notarial fees, costs related to resolving co-ownership (if the property is held jointly), and any charges that, by law or agreement, fall on the buyer. This list is official and is provided to all participants in advance, helping to prevent financial disputes after the auction.
4. Publication of information and organisation of property viewings
Once all documentation is finalised, information about the upcoming auction is published in print and online. The announcement includes a description of the property, the starting price, participation terms, and the auction date. At the same time, the notary organises viewings for all interested parties. Potential buyers are able to inspect the property, assess its condition, and decide whether to take part in the auction.
5. Conducting the auction
The auction takes place at an authorised venue — typically a notarial chamber, the town hall, or directly at the property itself. On the day of the auction, participants must provide the notary with a bank cheque as a deposit proportional to the starting price. This deposit confirms the seriousness of their intention and serves as a guarantee of fulfilment should they win. The bidding is conducted openly, and the participant who offers the highest price is declared the winner.

The participant who offers the highest price at the close of bidding is declared the winner. The final decision on the sale is subject to a legally mandated ten-day waiting period. During this time, any participant may raise the price by 10%, in which case the new amount becomes the starting price for a second round of bidding. If no higher offer is made within the ten days, the winner must complete payment within 45 days.

Selling property with the help of an estate agent

In 2025, according to FNAIM estimates, up to 75% of transactions on the French secondary property market are carried out with the involvement of estate agents, due to increasing transaction complexity, changing lending conditions, and rising legal risks.

When searching for and selecting a suitable estate agent, it is useful to take the following factors into account:

• the agent’s fee structure;
• the buyer’s level of proficiency in French;
• the proximity of the agency’s office to the property;
• the agent’s availability for enquiries;
• the agent’s experience and reputation;
• the agent’s marketing strategy;
• the valuation of the property provided by the agency;
• the agency’s overall reputation;
• the reach and audience of the agency’s website;
• the expertise and additional services offered by the agency.

Signing a contract with the agent

A written contract (mandat de vente) is signed with the agent. Without this document, the estate agent is not legally entitled to receive a commission. Contracts may be simple (mandat de vente simple) or exclusive (mandat de vente exclusif). An exclusive contract is concluded with only one agent, who is entitled to a commission even if the property is sold privately after the contract has been signed.

There are also mixed contracts (mandat de vente semi-exclusif). Under this arrangement, the owner grants exclusive rights to a single agent but retains the option to sell the property privately. However, if the property is sold independently to a buyer introduced by the agent, the agent is still entitled to compensation.

What is specified in the contract with an estate agent?

• Personal details of the seller
• Official information and contact details of the estate agency responsible for the sale
• Proof of ownership of the property
• The asking price
• The agent’s commission
• The duration of the contract

Unlike non-exclusive contracts, which may be renewed automatically, exclusive contracts must be renewed every three months. Notice of termination must be sent by post 15 days in advance.

The contract should not be confused with a simple record used by the agent to confirm that they have shown the property to a prospective buyer (bon de visite). On its own, this document does not entitle the agent to a commission.

If the contract is signed outside the agent’s premises (hors établissement), the owner is granted a 14-day period during which they may withdraw from the contract. This is known as the withdrawal period (délais de rétractation), and its conditions are set out in the contract.

In some cases, the agent may represent both the seller and the buyer. In such dual-agency arrangements, both parties pay the agent’s commission.

Qualification requirements for the agent

Under French law, in order to provide services related to the sale of real estate in France, an estate agent must hold a professional licence (carte professionnelle) or a certificate confirming that they are acting as a representative of a registered agent. Professional licences confirm the agent’s qualifications, are issued for three years, and come in two types: one for the sale of property and commercial premises (transactions sur immeubles et fonds de commerce), and another for property management and lettings (gestion immobilière).

Self-employed agents (mandataires immobiliers) do not hold a professional licence and act on behalf of an estate agent who does. They are not authorised to sign purchase agreements or open client deposit accounts. These actions are carried out by the licensed agent whom they represent.

The commission fee of the agent

The commission fee (honoraires) is a covenant that must be fixed in the contract with the agent. The contract also establishes the party — the seller or the buyer — that will remunerate the agent. If the buyer pays the fee, there are two prices in the sale advertisement: one is given inclusive of the agent’s fee and taxes, and the other excludes both charges. If the seller pays the agent’s fee, the advertisement might state only the price of the real property. If the buyer and the seller share the cost of the commission fee, the advertisement specifies the conditions for payment of the agent’s fee.

Meanwhile, payment of the commission fee by the buyer in a sale of real property in France may be legally guaranteed only if the buyer makes the respective decision at its discretion. The same is written in the contract between the seller and the agent. Such arrangement is advantageous to the buyer as the fee payable to the agent is deducted from the sale price that is also subject to the stamp duty and the notary’s fee (both payable by the buyer).

The amount of remuneration is agreed between the seller and the estate agent. Commission levels range from 4% to 10% of the sale price. The lower the value of the property, the higher the relative cost of the agent’s services. In 2025, the average commission for property sales in France is expected to be around 5%.

The agent’s fee is paid after the transaction is closed with the buyer introduced by the agent. If the conditions of the contract are observed but the transaction is not be closed, depending on the circumstances of the transaction failure the agent will be entitled to a compensation fee or expense reimbursement.

Description of real property

French law does not establish strict standards for description of real estate. According to the rules for selling the property in buildings (Loi ALUR) in joint ownership, a sale advertisement must contain general information about the property, such as a property type, condition, layout, floor area, and energy rating (étiquette énergie). It makes sense for the agents, who are usually not granted exclusive rights in selling property in France, to give a brief description of the real property.

Pre-sale technical diagnostics of real estate

Technical diagnostics to review the condition of the building and establish a unique technical diagnostic file (Dossier de Diagnostic Technique or DDT) is a mandatory component of pre-sale preparation. The findings of the diagnostics are enclosed to the sale and purchase agreement. The costs of diagnostics are incurred by the seller. Failure to conduct the diagnostics might drive down the sale price or make the buyer walk away from the deal. The seller should ensure that the energy performance rating after the respective assessment is included in the sale advertisement. However, comprehensive diagnostics at an early stage might be impractical as many reports should be no more than six months old at the moment of sale and are otherwise inadmissible. The seller should also ensure that the real estate appraiser is accredited with the French accreditation committee (Comité français d'accréditation or COFRAC). The experts at the Notaires de France advise applying to several appraisers concurrently.

The seller is to provide some documents:

• A report of an inspection for the presence of asbestos-containing materials. Such inspection is conducted in any real property built under a construction permit that was obtained before 1 July 1997. The validity term of the report is not limited.
• The findings of an inspection of the painted surfaces for the lead content. All the real properties built before 1949 must undergo such inspection. The findings in the report are valid for one year.
• The findings of a termite and pest inspection. This inspection is conducted with the approval from the local administration only in some regions of France. The inspection report is valid for six months.
• The energy performance certificate (Diagnostic de Performance Energétique or DPE). This certificate is for information only and may not be used by the buyer as the grounds to terminate the agreement. The energy performance certificate is valid for ten years.
• The report on the state of risks and pollution to which the real property is exposed. The ERP report is required for the areas of France subject the Plan of Prevention of Natural Risks (Plan de prévention des risques naturels). The ERP report is also accompanied by information about the past insurance instances that arose due to disasters. The seller must state separately any insurance coverages claimed before. The ERP report is valid for six months.
• The diagnostic certificate for an interior gas installation. An interior gas installation is inspected if the gas equipment is more than 15 years old. The certificate is valid for three years.
• The diagnostic certificate for the interior electrical installations. This certificate is required if the electrical installations are more than 15 years old and is valid for three years.
• A septic tank survey report. The septic tank is surveyed if it is installed in the real property instead of connection to the mains sewage line.  If the septic tank is found at variance with the requirements, any necessary action is to be taken within a year.

Starting from 1 July 2018, the reports about the condition of French property for sale should include the information about radon exposure risks in the premises.

Drafting and executing a sale and purchase agreement

The negotiations between the buyer and the seller result in execution of a preliminary agreement. A preliminary agreement is signed before the notary certifies the sale and purchase agreement, the transaction is closed, and the keys are handed over to the new owner. A preliminary agreement for sale of French real estate may be of two types: a unilateral commitment or promise to sell (promesse unilatérale de vente) and a mutually binding promise to sell or compromise (compromis de vente).

Under the unilateral promise to sell, the seller undertakes to reserve the real estate for the particular buyer, whereas the buyer should deposit 5 to 10% of the real estate price demonstrating its commitment. The buyer enjoys more freedom with the pre-agreement of this type and may walk away from real property acquisition without losing the deposit within ten days after receiving a unilateral promise to sell.

If the buyer renounces to buy the real property after expiry of the 10-day period, the seller withholds the deposit as compensation. The deposit is held in an escrow account (e.g., with a notary). The unilateral promise to sell must be notarised. Execution of this pre-agreement is obligatory if the transaction is made without an intermediary.

A mutually binding promise to sell or compromise (compromis de vente)  is a pre-agreement more preferable for the seller as its conditions are binding on both contracting parties, which assures safety for the seller. The compromise keeps more with the letter and spirit of the sale and purchase agreement.

Similarly to the final sale and purchase agreement, the compromise might contain one or more conditions precedent or suspensive (conditions suspensives), such as obtaining a mortgage loan, a construction permit, acquisition of the adjoining land plots, etc. The compromise may not be terminated if the buyer renounces to acquire the real estate within a 10-day period or fails to fulfil the conditions precedent.

A sale and purchase agreement is drafted by the agent or the notary. If the seller also engages its own notary to draft the documents formalising the transaction, the fee amount will not be twice as much and one notarial fee will be split between the two notaries.

Required disclosures

The law prohibits non-disclosure of important information to the buyer in selling property in France. A violation of the non-disclosure prohibition may render the transaction null and void and require indemnification of the buyer.  The key disclosures required are the following:

• Latent defects (vice caché). This concept is not assigned an exact legal definition in French law. According to the interpretations in court cases, latent defects are deemed to be major faults that the seller was aware of during the sale and that, if disclosed by the seller before the transaction, would be the reason for the buyer not to make the transaction or insist on price reduction.
• Floor area. The Carrez law (Loi Carrez) requires that the seller of a co-owned apartment should specify the exact total floor area in the sale and purchase agreement. If the actual floor area proves to be overstated by more than 5%, the transaction may be rendered null and void. The seller may measure the floor area on its own or engage a professional.  The seller is also obliged to disclose any material information concerning the planning permissions.
• Easements (restrictions on the use). An easement is attached to the real property rather than a particular owner, yet it is usually binding on the future owners.  The seller should also inform the buyer about the existing mortgages or charges.
• The seller selling land for development must provide the buyer with the exact information about the site boundaries and the town planning rules applicable to the site.

International real estate broker Tranio can assist with selling property in France and provide consultations on any questions of interest.

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