The preliminary sales agreement can be signed under private seal (between private individuals), through a real estate agent or before a notary. Depending on the chosen method, fees range from €0 to several hundred euros. Beyond the price difference, there are also variations in legal security and evidentiary value. Here are some very practical insights drawn from our on-the-ground experience (17 agencies) regarding the financial and legal implications of each option.
How much does a preliminary sales agreement cost with a notary?
A notary-signed sales agreement generally costs between €150 and €300 on average. These fees correspond to the notary’s emoluments for drafting the deed and performing the necessary legal checks. If two notaries are involved (one for each party), the total amount remains roughly the same: they share both the work and the fees.
The notary may charge additional fees if you wish, for instance, to register the agreement with the tax authorities. This formality is not mandatory for a preliminary agreement but costs €125 in registration duties. Registration grants the document an official date, which can prove useful in case of a later dispute over its existence or content.
The answer to the question “who pays the notary’s fees for the preliminary sales agreement” is simple: in almost all cases, the buyer covers these costs. This practice applies even if the buyer withdraws within the 10-day legal cooling-off period—they must still pay the drafting fees already incurred.
Is a private sales agreement really free?
Not exactly. A privately drafted agreement between individuals involves no direct cost: the seller or buyer prepares the document, and both parties sign it without professional assistance. However, this apparent “free” option hides potential indirect costs: time spent drafting, risk of errors or omissions, and weak legal standing in case of dispute.
The tax registration is still possible for a private agreement. If either party requests it, they must pay the €125 registration fee. Unlike the promise to sell (which must legally be registered within 10 days), the preliminary sales agreement is not subject to this requirement.
Be careful: from experience, amateur drafting exposes you to certain legal risks that we encounter daily:
- Missing essential clauses (such as the mandatory mortgage contingency clause),
- Errors in the property description,
- Omission of annexed documents, which may invalidate the agreement or indefinitely delay the buyer’s withdrawal period.
How much does a preliminary sales agreement signed in a real estate agency cost?
Real estate agencies do not charge for drafting the preliminary sales agreement. This service is part of their intermediation work, compensated through the agency commission collected at the final sale. The agent generally uses a standard template that is customized for each transaction.
Since a real estate agent is not a public officer, an agreement signed at the agency remains a private document. It does not have the same legal authority as a notarized deed but offers more guarantees than a document drafted by individuals. The agent ensures that all mandatory clauses are included and that the document complies with the law.
Some agencies offer to handle the tax registration of the agreement for the €125 fee. This remains rare—most agency agreements are not registered. The lack of registration does not affect the validity of the contract between the parties.
What additional fees should you expect when signing?
The security deposit (or earnest money) is the main payment due at the signing of the preliminary agreement. Usually between 5% and 10% of the sale price, it is paid by the buyer to the seller or held in escrow by the notary. This amount will be deducted from the final sale price or refunded if a contingency clause is fulfilled.
The mandatory property diagnostics must be attached to the preliminary sales agreement. If the seller has not yet completed them, their cost (between €300 and €800 depending on property size and required reports) adds to the transaction expenses. Missing these documents delays the start of the withdrawal period.
The time frame between the preliminary agreement and the final deed can sometimes generate extra costs. If this period exceeds 18 months, the law requires the agreement to be notarized, with the associated costs. This remains exceptional, as most sales close within 2 to 3 months.
Why choose a notarized agreement despite the cost?
A notarized preliminary agreement provides maximum legal security. In short, the additional cost is justified by the peace of mind it provides throughout the transaction:
- The authentic deed is legally binding unless proven false—a complex procedure rarely undertaken.
- The parties’ statements collected by the notary carry enhanced evidentiary weight. In case of dispute, the burden of proof lies with the contesting party.
- The notary systematically verifies each party’s legal capacity, representative powers, and property title history.
All these prior checks prevent late-discovered nullities. The notary also ensures the completeness of the file: valid diagnostics, urban planning documents, and mortgage status.
The final deed of sale will reproduce the terms of the notarized preliminary agreement. This continuity simplifies the execution of the final sale and minimizes the risk of disputes between the two stages.
Consultants Immobilier support for your sales agreement
Reviewing and drafting preliminary sales agreements is part of the daily work carried out within the 17 agencies of the Consultants Immobilier network. Our field expertise, combined with pragmatic judgment and in-depth legal knowledge, allows us to recommend the most suitable signing method for each case—depending on file complexity, the parties’ profiles, and the property’s stakes.
For complex cases or high-end properties, we systematically recommend the notarial route.
Contact your nearest Consultants Immobilier agency to benefit from our expertise and secure your real estate project—from the initial property valuation to the final signing.