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Under offer or under compromise: Implications for buyers and sellers in Luxembourg

22 giugno 2023

Understanding the meaning of "sous offre" and "sous compromis"

When a property is "sous offre" in Luxembourg, this means that a potential buyer has submitted an offer to purchase the property, which has been accepted by the seller. However, the sale has not yet been finalised, as certain conditions must be met. On the other hand, a property "sous compromis" means that the conditions specific to the transaction have been met and the sale is essentially certain.

Conditions to be met during the "sous offre" period

During the "sous offre" period, the conditions agreed between the buyer and seller must be met. These may include obtaining a mortgage, carrying out a technical inspection or other aspects specific to the transaction. The property is usually withdrawn from the property market during this period.

Commitment and deposit as part of a preliminary sales agreement

When a property is "sous compromis", both parties are legally bound. The buyer is generally required to pay a deposit, which is usually around 10% of the agreed purchase price. Although the property technically remains property of the seller, the sale is considered to be practically concluded.

Implications for the buyers

Having a property "sous offre" or "sous compromis" gives the buyers the assurance of having secured the property. This allows them to start planning the details of the transaction, such as obtaining a mortgage and organising their relocation. However, a certain level of risk remains until the final sale is completed.

Implications for sellers

For the sellers, having a property "sous offre" or "sous compromis" means that they have found an interested buyer and can expect to close the sale soon. This can give them peace of mind, but they must also respect the conditions agreed in the preliminary sales agreement and prepare the necessary documents.

The importance of respecting the terms of the preliminary sales agreement

It is essential for both parties to respect the terms of the preliminary sales agreement and work with real estate professionals to complete the transaction. Until the sale is finalised, there is always a certain level of risk, as unforeseen issues may arise, causing the cancellation of the transaction.

In conclusion, when you come across a property "sous offre" or "sous compromis" in Luxembourg, this indicates that an offer to purchase the property has been accepted and that the sale is being finalised. However, it is important to remember that there are potential risks until the final conclusion of the sale. It is therefore essential to respect the terms of the preliminary sales agreement and to work with real estate professionals to ensure that the transaction goes on smoothly.

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