Extension of the preliminary contract
A postponement of the deadline for satisfying the financing condition or of the scheduled notarial deed date, formalised by an amendment to the preliminary contract signed by both parties. The broker may need it when bank processing is delayed, the bank requests additional documents, or the loan offer arrives late. The extension is agreed bilaterally and is never automatic.
Key points
- The extension requires written agreement from both seller and buyer; it is never automatic.
- It is often needed when the bank requests additional documents.
- An amendment can push back the notarial deed signing date.
- Flagging delays early preserves the seller/buyer relationship and avoids lapse.
Frequently asked questions
How is an extension of the preliminary contract obtained in practice?
The broker contacts the estate agent or notary as soon as a deadline overrun looks likely. An amendment is drafted with the new deadline and signed by both parties. It is best to act several weeks ahead to avoid pressure and preserve good faith on both sides.
What happens if the preliminary contract expires without an extension?
If the financing condition is not satisfied within the contractual period, the preliminary contract lapses and the buyer recovers their deposit without penalty. If the deadline for the notarial deed passes without agreement, the sale may be cancelled and damages may be claimed depending on each party's situation.
Why do banks sometimes take longer to issue the loan offer?
Processing times vary with application volumes, profile complexity (self-employed, buy-to-let), and requests for additional documents. Peak periods in spring and autumn systematically extend turnaround times. The broker actively follows up with their bank contact to reduce these delays.
In practice
The preliminary contract sets a financing deadline of 15 June. The bank requests an additional set of accounts on 2 June. The broker negotiates an amendment moving the deadline to 30 June, signed by both parties before expiry.
Official sources
- Promise to sell: unilateral promise or compromise · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL