What are conditional clauses in a French property sale contract?
A conditional clause ( clause suspensive ) in a sale contract is used if you are buying with a mortgage, or completion is subject to planning permission, or some other event. For those seeking to buy a propertry with the assistance of a mortgage, the law offers a high degree of protection for, in the absence of anything to the contrary in the contract, the law assumes that purchase is subject to a mortgage being obtained. As a result, if you are buying without the assistance of a mortgage, then the notaire will normally insist that a clause to this effect is included in the sale contract. If it is not, the law will presume a mortgage is being sought. French law also states the duration of such a conditional clause cannot be less than four months, but it can be greater by agreement. Indeed, it is possible to include in the contract a clause that would allow you to increase this period by a maximum duration.
