Guides
Selling in England, buying in France: when are you bound?
Distinguish an accepted offer, exchange of contracts and the French preliminary contract before linking your sale to a Burgundy purchase.
Contents
“Our house is sold” might mean an offer has been accepted, contracts have been exchanged, or the sale has completed. To the seller of the Burgundy property you hope to buy, those are three different pieces of information. Start by identifying the precise stage of your British sale, then understand the French document you intend to sign. This guide starts with a sale in England or Wales. It does not assume that the same legal sequence applies throughout the United Kingdom.
An accepted offer is not an exchange of contracts
GOV.UK explains that an offer in England and Wales is not legally binding until contracts are exchanged. Agreement on the price therefore does not fully describe your buyer’s commitment. Ask your solicitor or conveyancer how to describe the exact stage and the outstanding issues. “Sale agreed” is useful shorthand in familiar surroundings, but it leaves an important question unanswered for someone working within the French process.
Once exchange has taken place, ask separately what is planned for completion. The terms refer to different stages. When communicating with the French agent, keep the English term and add a short explanation. “Offer accepted, contracts not exchanged” is clearer than “nearly finalised”. It prevents a convenient translation from turning a developing transaction into an apparently settled fact.
The French document has its own consequences
A compromis or promesse de vente sets out commitments and conditions for the French transaction. It is not merely the French version of a British milestone. Before signing, have the notaire explain the proposed document, its conditions, and what would happen if your English sale did not proceed as expected.
Saying that you will buy with the proceeds of your sale does not, by itself, create a contractual clause. Ask explicitly whether the contract addresses that dependency, which event matters, and what evidence is needed. Any proposed condition must be examined and agreed within the transaction. A request made by a buyer is different from a protection already included in the contract they are about to sign.
Three phrases worth unpacking
- “My buyer is ready.” Ready to offer, exchange contracts, or complete?
- “Both transactions happen in the same month.” Is that a shared target or a contractual timetable?
- “The French purchase depends on the sale.” Is the dependency only financial, or is it also addressed in the contract?
These distinctions also help decide which documents to provide. The French notaire does not need a running account of every conversation. They need to understand the legal position of the transaction on which your purchase relies. Ask the British professional what confirmation they can provide and whether further explanation or translation will be needed. A precise short statement can be more useful than a bundle of emails whose terminology the recipient must interpret.
What if you are selling in Scotland?
Do not simply substitute the country’s name in the explanation. The Scottish government describes missives and their conclusion as a distinct mechanism for reaching a binding contract. English exchange-of-contracts terminology should not become shorthand for a Scottish sale. For a transaction in another jurisdiction, have its stages explained by the adviser actually handling it.
The guide to buying in Burgundy from the UK covers the wider project. When you contact Shawez Ali, real estate agent, about a Burgundy home, state where you are selling and the exact stage reached. The professionals can then discuss the same commitment before trying to agree the same timetable.