FRELA provides support to businesses and professionals in real estate law for the drafting and review of their purchase offers.

Are you planning to buy or sell a commercial property? Entrust the drafting and/or review of your purchase offer to competent and reputable attorneys specializing in real estate acquisitions.

If you decide to buy or sell a property, you will need to formulate or accept a purchase offer. An oral purchase offer does not legally bind the buyer, but it also does not bind the seller. To secure an offer, it is necessary to make a written purchase offer.

The written purchase offer represents a legal document that commits you to purchase the property upon its acceptance by the seller. If you decide to withdraw or not comply with the conditions described in the purchase offer, you will be liable to pay damages to the seller. Once signed by the seller, the document cannot be modified. Therefore, it is necessary to exercise caution during the drafting, review, and negotiation of purchase offers for commercial properties.

The attorneys specializing in real estate transactions at FRELA accompany and advise you in the drafting, review, and negotiation of your purchase offer to secure and optimize your transactions involving commercial properties in France.

The purchase offer for a company is regulated and must include a set of specific information.

In France, the purchase offer for a company must comply with certain legal requirements. When buying a company in France, it is important to carefully prepare the purchase offer to protect your interests and ensure the success of the transaction. Here is a list of elements to include in a purchase offer for a company in France:

Buyer’s identity: The purchase offer must include the buyer’s identification information, including the name of the company, address, phone number, and email address.

Purchase price: The proposed purchase price for the company must be clearly stated in the purchase offer, including the payment method.

Transaction details: The purchase offer must include detailed information about the proposed transaction, including the assets and liabilities included in the sale.

Offer conditions: The purchase offer must specify all conditions attached to the offer, such as the deadline for accepting the offer, financing conditions, due diligence conditions, and non-competition conditions.

Confidentiality: The purchase offer must include confidentiality provisions to protect sensitive company information.

Regulatory approvals: The purchase offer must mention any regulatory approvals required to complete the transaction, such as tax approvals, competition approvals, and sector-specific regulatory approvals.

Transaction timeline: The purchase offer must include a detailed timeline for the proposed transaction.

Buyer’s commitments: The purchase offer must include the buyer’s commitments to the company, including commitments to retain employees, maintain operations, and honor existing contracts.

Warranties: The purchase offer must include the warranties proposed by the buyer to protect the company’s interests.

Asset details: The purchase offer must include details about the assets included in the sale, such as equipment, inventory, patents, and trademarks.

Liability details: The purchase offer must include details about the liabilities included in the sale, such as debts and contractual obligations.

Due diligence: The purchase offer must include provisions regarding due diligence and the information the buyer wishes to obtain before completing the transaction.

Fees: The purchase offer must include details of the fees associated with the transaction, such as legal fees and transaction fees.

Financing: The purchase offer must include details about the financing of the purchase, including sources of financing and financing conditions.

Termination: The purchase offer must include the conditions for termination of the proposed transaction, including the circumstances under which termination is possible.

It is important to note that the purchase offer is a legally binding document for the buyer. Therefore, it is advisable to seek the assistance of a real estate lawyer to help draft and negotiate the purchase offer.

It is also recommended to include additional documents to convince the seller, demonstrating both your determination and solvency. It is therefore recommended to include in the file: a letter of motivation, your loan simulation with your debt capacity, and the amount of the loan you can obtain. You can also include your financing certificate and a comfort letter.

Suspensive clauses and right of withdrawal

Suspensive clauses will govern the cancellation of the sale: refusal of the loan by the bank, presence of easements, non-obtaining of permits, obtaining building permits. It is therefore important to draft them with knowledge of the legislation if you want to secure your transaction from a fiscal and legal standpoint.

The possibilities of withdrawal are regulated and can only occur under the following conditions:

• The seller has not responded to the purchase offer or has not responded within the agreed timeframe.
• The seller has declined the proposal.
• The seller has submitted a counter-proposal in writing.

The attorneys acting as mandataries in real estate transactions at FRELA accompany and advise you in the drafting of your purchase offer in order to secure and optimize your suspensive clauses during your transactions in France.