By Charlotte GAUCHON
25 June 2025
The purchase of a property is often conditional on obtaining finance. French law has introduced a major protective mechanism for non-professional buyers: the condition precedent that the property loan must be obtained. This clause, incorporated into the promise to sell, renders the contract null and void if the loan is not granted. This is a fundamental provision for protecting borrowers on home loans. But what happens in practice if the loan is refused? What are the seller's obligations and what recourse do you have if the sums you have advanced are not returned to you? A lawyer who is an expert in mortgage law can help you assert your rights. The principle of full and immediate repayment When the condition precedent to obtaining a loan is not met, the law provides for a return to the previous situation. The preliminary contract (promesse or compromis de vente) is deemed not to have...
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