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The property deposit: amount, release and disputes

Yes: the deposit, 5 to 10% of the price, is refunded in full if the buyer withdraws within the 10-day period, repaid within 21 days.

Deposit cheque submitted to a Parisian notaire

In brief

When buying property in Paris in 2026, the deposit paid on signing the preliminary agreement typically represents 5 to 10% of the price, that is 25,000 to 100,000 euros for a property of 500,000 to 1,000,000 euros. It is refunded in full if the buyer withdraws within 10 days (refund within 21 days) or on a justified mortgage refusal. Home Select, with 16 buying agents since 2011, negotiates this amount for its 1,200+ buyers supported without weakening the file.

Key takeaways

  • The property deposit in Paris typically represents 5-10% of the sale price, meaning 25,000 to 100,000 euros for a standard apartment
  • The buyer has a 10-day unconditional cooling-off period during which the deposit is fully refundable
  • The notaire must return the deposit within 21 days if the buyer exercises their right of withdrawal
  • A mortgage refusal triggers full refund of the deposit under the standard condition precedent clause

The property deposit (séquestre) is the sum paid by the buyer on signing the preliminary sales agreement, held in a blocked account at the notaire’s office as a guarantee of their commitment. In Paris, this amount typically represents between 5 and 10% of the sale price, that is, 25,000 to 100,000 euros for an apartment priced between 500,000 and 1,000,000 euros. It is neither a down payment nor an advance: it is a security deposit whose fate depends on the outcome of the transaction.

When and how is the deposit paid?

The deposit is paid by bank transfer in the days following the signing of the preliminary sales agreement, after the 10-day cooling-off period has expired. In practice, the notaire allows five to ten business days after the end of that period to receive the funds.

The funds land in the notaire’s escrow account, separate from their professional accounts and controlled by the Caisse des Dépôts et Consignations. Banker’s cheques are also accepted. Personal cheques are rarely admitted.

The deposit amount is negotiable. Although Paris sellers commonly ask for 10%, nothing prevents you negotiating a lower figure. A property hunter experienced in Paris transactions knows when and how to negotiate this point without weakening the client’s position.

What happens to the deposit when the sale completes?

It is deducted from the total price on the day the deed of sale is signed. On a property at 500,000 euros with a 50,000 euro deposit, the buyer pays only 450,000 euros at the notaire’s office (excluding notaire fees and ancillary costs).

Any interest earned by the deposit during the holding period, three to four months on average in Paris, goes to the buyer unless otherwise agreed. At current rates this interest is minimal, but the principle holds.

In which cases is the deposit refunded?

The deposit is refunded in full in three cases: withdrawal within ten days, the failure of a condition precedent, and the exercise of a pre-emption right by a third party. The first is the simplest: the right of withdrawal applies within ten days of notification of the preliminary agreement, no reason need be given, and the notaire has 21 calendar days to process the refund.

The second is the fulfilment of a condition precedent. Loan refusal is the most common: if the buyer proves they failed to obtain the financing specified in the agreement (amount, rate, duration), the sale is cancelled and the deposit returned without penalty. The buyer must produce at least two bank rejection letters for the condition to be considered fulfilled.

The third concerns the exercise of pre-emption rights by the City of Paris or a tenant. If a third party steps into the buyer’s place, the deposit is returned in full.

What happens if there is a dispute over the deposit?

If the buyer pulls out of the sale outside the cases provided for by the conditions precedent, the seller may demand to keep the deposit as a fixed indemnity, known as the penalty clause, generally set at 10% of the price. The notaire cannot decide alone and holds the funds until the parties reach an amicable agreement or a court ruling is issued, which can last several months, even several years.

The risk materialises when the buyer refuses to sign the deed of sale without legitimate reason, after the cooling-off period has expired and all conditions precedent have been lifted. For as long as the disagreement lasts, the funds stay blocked in the escrow account, available to neither party.

To avoid this risk, the conditions precedent in the preliminary agreement must be drafted with particular care. The loan clause, especially, must state exactly the amount borrowed, the duration, the maximum acceptable rate and the number of banks to be approached. A property hunter ensures these clauses genuinely protect the client while remaining acceptable to the seller.

How does Home Select protect its clients’ deposit?

Our buying agents negotiate the deposit amount, often bringing it down from 10% to 5% of the price, and have the conditions precedent checked before the preliminary agreement is signed. Home Select has been supporting buyers in Paris since 2011, with 16 buying agents and more than 1,200 buyers supported.

Our aim is to secure every stage of the transaction, from the preliminary agreement to the deed of sale, so that the deposited funds are protected in all circumstances.

To be supported in your purchase project, contact our team.

#buyer guide #preliminary agreement #financing #Paris
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Frequently asked questions

01 Is the deposit mandatory when purchasing property in France?

No. No law requires the payment of a deposit when signing the preliminary sales agreement. In practice, the seller and their notaire almost systematically require it in Paris as proof of the buyer's seriousness. Refusing to pay a deposit often means losing the property to another candidate.

02 Is the deposit refundable if the buyer withdraws within the 10-day cooling-off period?

Yes, in full and without justification. The 10-day cooling-off period provided by Article L271-1 of the French Construction Code allows the buyer to cancel the sale without reason. The notaire must return the deposit within 21 days of the withdrawal.

03 What happens to the deposit if the mortgage application is refused?

If the preliminary agreement contains a condition precedent for obtaining a mortgage (which is the case in the vast majority of transactions), a loan refusal triggers cancellation of the sale and full refund of the deposit. The buyer must provide the rejection letters from the banks approached to justify the non-obtention of financing.

04 Is the deposit amount negotiable in Paris?

Yes. Although Paris sellers commonly ask for 10% of the sale price, no law imposes this rate and nothing prevents negotiating a lower figure, often 5%. On a property at 600,000 euros, the difference means 30,000 euros locked in a blocked account for three to four months. An experienced property hunter knows when to negotiate this point without weakening the buyer's position against the seller.

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