Buying a house directly from an individual, without going through a real estate agency, means handling the entire transaction (search, visit, negotiation, agreement) without an intermediary paid by a commission. This approach represents a significant portion of real estate transactions in France. It requires mastering a few legal mechanisms and knowing where to look.
Active agency mandate: the legal trap before any offer
Before contacting a seller directly, a verification is necessary. A property may be listed between individuals while an agency mandate is still in effect. If the seller has signed an exclusive or semi-exclusive mandate with an agency, any sale concluded during the mandate period (and sometimes several months after its expiration) can trigger a commission payment action.
Recent case law strengthens the protection of agencies against this type of circumvention. A buyer who signs an agreement while aware of an existing mandate risks having the transaction blocked or being jointly liable for the fees.
The first question to ask the seller, even before visiting, concerns the existence of an ongoing or recently expired mandate. Ask for the end date of the mandate and check if it contains a post-mandate commission recall clause, which often extends one to two years after the end of the contract.
- Request a copy of the mandate or a written certificate confirming the absence of an active mandate
- Check the expiration date and the post-expiration commission recall clause
- If a mandate has existed, wait for the recall period to end before signing an agreement
- Have the notary mention in the agreement that the seller declares not to be bound by any agency mandate
A vigilant notary will include this declaration in the deed. However, the responsibility to ask the question upfront lies with the buyer.
Where to search for a house for sale between individuals
Generalist platforms (Le Bon Coin, Facebook Marketplace) concentrate a high volume of listings, but sorting through them is tedious. Listings without prices, without proper photos, or with vague descriptions dominate. However, overly vague listings often indicate an unprepared seller, complicating the transaction process.
Specialized sites for direct sales filter listings better. Browsing houses between individuals on 100 Pour 100 Annonces allows you to target properties actually offered without an intermediary, with more structured listings.
Local Facebook groups (like “Houses without an agency” by department) provide a complementary channel, especially in rural areas where sellers sometimes only post on social media. Cross-referencing at least three sources of listings increases the chances of spotting a property before it is captured by an agency.
Seller’s file and energy performance diagnosis (DPE): what to require before the visit
Buyers dealing directly with an individual find themselves without the filter that an agent would normally apply regarding the quality of the file. The reflex to adopt: request a complete seller’s file before going to visit.
The energy performance diagnosis (DPE) has become a major sorting criterion. Since the tightening of obligations, a DPE rated F or G directly impacts the property’s value and financing conditions. An individual seller who does not provide their DPE in the listing or from the first exchange has probably not prepared the other mandatory diagnostics.
The complete technical diagnostics file (DDT) must be available before signing the agreement. In the absence of an agency, no one follows up with the seller to compile it.
- Valid DPE mentioned in the listing
- Asbestos, lead, and termite diagnostics according to the geographical area and the property’s age
- Title deed and latest property tax notices
- Plans and building permits if work has been carried out
- Certificate of absence of an ongoing agency mandate
A seller who provides this file without hesitation is a serious seller. Others deserve caution.
Check the price without an agency estimate
Without a value opinion from an agent, the buyer must build their own price reference. The DVF (Demandes de Valeurs Foncières) database, accessible for free, lists actual transactions by address. Notaries in Greater Paris report a decline in the value of individual houses, more pronounced in the outer suburbs. Comparing the asking price to actual sales in the neighborhood over the last two years remains the most reliable method to detect overvaluation.
Sale agreement without an agency: the central role of the notary
In a transaction between individuals, the notary replaces the agency in terms of legal security. However, their intervention is only mandatory at the authentic sale deed. The agreement can be signed privately, meaning between the two parties without a public officer.
This possibility is legal. It is also risky. A poorly drafted agreement (missing or incomplete suspensive conditions, error in the designation of the property, omission of the ten-day withdrawal clause) can expose the buyer to financial losses or a blockage of the sale.
Having the agreement drafted by a notary, even in a direct purchase between individuals, generally does not incur significant additional costs compared to a privately signed agreement, as the notary’s fees are included in the final deed costs. The notary also checks the mortgage status of the property, easements, and the municipality’s right of preemption.
Withdrawal online after the agreement
Since recent regulatory developments, the ten-day withdrawal right after signing the agreement can be exercised electronically. For a purchase without an agency, where exchanges often occur via email, this method simplifies the procedure. Ensure that the agreement explicitly mentions the conditions for exercising this right and the address (postal or electronic) to notify the withdrawal.
The last point to keep in mind: buying without an agency does not exempt any legal obligations. The diagnostics, deadlines, suspensive clauses, and the notary’s involvement remain the same. The only difference lies in the absence of a third party coordinating. This coordination is something the buyer must ensure.