Promise of sale and condition suspensive to obtain the loan: what is it?

Verified 24 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Are you planning to buy a residential, professional and residential property or a building plot with a mortgage?

The promise of sale must indicate how the purchase will be financed (with or without the aid of one or more loans). It must include a condition suspending obtaining a loan.

This means that you will buy the property provided you get the loan.

If you don't get the loan, you can forgo the purchase without penalty. You will fully recover the money you paid when you signed the promise to sell.

The suspensive condition contains the details of the funding project:

  • Loan amount
  • Envisaged rate
  • Duration of repayment
  • Number of banks solicited
  • Time to obtain a loan agreement (it cannot be less than 1 month after the signature of the promise, usually it is 45 to 60 days)


You must strictly comply with the terms of the suspensive condition in your loan search (loan amount, rate, repayment...).

As soon as you have obtained an agreement or a refusal of a loan, you must notify the notary and the seller.

Who can help me?

Find who can answer your questions in your region