Making an offer to buy in Geneva: what actually commits you

Three habits follow from this. If that is your intention, always state that the sale remains subject to the execution of the notarised deed. Avoid any wording that resembles a firm commitment. And have the document reviewed as soon as it provides for a deposit, a penalty or a promise to sell.

What a purchase offer is, and what it is not

A purchase offer is a proposal addressed to the owner or their representative. It usually states the property concerned, the price offered, the financing terms, the preferred date for signing or taking possession, the period of validity and any conditions precedent.

It may be sent by post, handed to the intermediary or sent by email. Putting it in writing is strongly recommended: it makes it possible to show precisely what was proposed and when. Beware, however, of a common misconception: the electronic format settles nothing in itself. What matters is the content of the exchange and compliance with the applicable legal form.

An offer raises two separate questions. Has the offer been accepted under the general rules of contract law? And is that acceptance enough to validly conclude a property sale? The answer to the first may be yes while the answer to the second is no, since the sale of real estate remains subject to the notarised form.

To say that a purchase offer is never binding is therefore inaccurate. The correct statement is this: on its own, it is generally not enough to transfer ownership or to replace the notarial deed, and its effect is assessed case by case.

What can commit you

The acceptance deadline. When you set a deadline for your offer, you are in principle bound until it expires. If acceptance does not reach you in time, you are released. This rule concerns the binding force of the offer in the contractual process. It does not turn a proposal into a valid property sale without a notarised deed.

Ownership does not pass on acceptance. Even if the seller responds favourably, you do not become the owner. The transfer takes place through the notarised deed and registration in the land register. Nor does acceptance allow you to start works, occupy the home or regard the financing as definitively secured. These points are settled in the contractual documents and in the notarial deed.

The same applies to a promise to sell. A promise to sell real estate is also subject to the notarised form. A private document entitled “reservation”, “reservation agreement” or “promise to sell” does not become valid because it sets a price, a date and a deposit. Its legal characterisation depends on its content, but the legal form remains decisive once the future sale of real estate is at stake. In practice, the parties sometimes sign a preliminary agreement. Have its validity and effects checked by a notary or a lawyer, particularly the clauses on a deposit, a penalty or a withdrawal.

Types of offer found in Geneva

Swiss law does not officially classify offers into categories. The terms below come from property practice, not from a legal definition, but they correspond to three very real levels of commitment.

The expression of interest. A message stating that you are interested, without a final price or clear commitment. Its interpretation nevertheless depends on the wording used, hence the importance of avoiding ambiguous phrases such as “I confirm that I am buying the property”, “I commit definitively at the asking price” or “the sale is agreed between us”. If your aim is only to open negotiations, say so explicitly.

The detailed offer. It states the price, the period of validity, the financing and the intended signing date. It shows that your approach is serious and carries weight in a competitive situation. It should specify that it remains subject to the execution of the notarised deed where that is the parties’ intention. This statement does not, however, neutralise the rest of the document: a poorly drafted clause elsewhere can create uncertainty about your true intention.

The conditional offer. It makes the proposal dependent on one or more events: obtaining mortgage financing, authorisation to acquire where the LFAIE applies, a check of the land register, a satisfactory review of the PPE documents, confirmation that no unauthorised works have been carried out, or the prior sale of another property.

A condition only protects you if it is drafted precisely. It must state who makes the decision, within what period, how it is communicated, what the consequences of a refusal are and whether supporting documents must be provided.

Sample wording:

“This proposal is subject to obtaining, no later than [date], mortgage financing of a maximum amount of CHF [amount], confirmed in writing by a bank. Failing confirmation within this period, the proposal lapses, without penalty for the buyer, subject to the interpretation of the clause and the applicable law.”

Confirming your financing before making a move

Before making any offer, assess your real capacity precisely. The points to examine: your available equity, the share that can be drawn from occupational or private pension savings, your ability to bear mortgage costs, acquisition costs, foreseeable works, PPE charges and any calls for funds, tax and maintenance costs.

A bank certificate or confirmation of capacity strengthens your file in the seller’s eyes. It is not a definitive guarantee: it often rests on assumptions the bank will still have to verify, notably the value it assigns to the property, your updated financial situation, interest rates, the PPE documents or the authorisation to acquire. Do not describe your financing as “guaranteed” until the final terms are confirmed.

Assessing the price before proposing an amount

The price per square metre varies widely depending on the municipality, the neighbourhood, the floor, the view, the condition of the building, the charges, the quality of the PPE and the legal situation of the property. No single figure allows a Geneva flat to be valued correctly, and published averages differ from one source to another depending on the method and scope used. For a figure by municipality, see our page on property prices in Geneva.

What gives your proposal a solid basis: recent sales of comparable properties, the floor area and the calculation method used, the condition of the building and the home, the PPE renovation fund, the minutes of recent meetings, works voted or planned, easements and land charges, the zoning regime, noise and natural light, and any unauthorised works.

What should the purchase offer include?

A clear offer contains your name and contact details, the seller’s name if known, the exact address of the property, the cadastral reference or PPE lot number where available, the price offered, the intended split between equity and bank financing, the conditions precedent, the deadline date and time for validity, the preferred signing date, the date for transfer of possession or of risk to be confirmed in the deed, a statement that the sale remains subject to execution as a notarised deed, and the list of documents requested before final signing.

Here is a cautious form of wording, to be adapted to your situation:

Dear Sir or Madam,

I am sending you my proposal concerning the PPE flat located at [address], lot [number], at a price of CHF [amount].

This proposal is valid until [date] at [time] and is subject to obtaining mortgage financing confirmed in writing by my bank, and to a satisfactory review of the PPE and land register documents.

It does not constitute a deed of sale and remains subject to the execution of a notarised deed before a notary.

Subject to the agreement of the parties and the notary, I would like the deed to be signed no later than [date].

Kind regards,
[Name]

This template offers no absolute guarantee. It needs to be adjusted as soon as a promise to sell, a reservation or a deposit is involved.

Setting the period of validity

The period can be set freely. Give a precise date and time, for example “offer valid until 22 October 2026 at 18:00, Geneva time”.

Five to ten days is common practice, but it is neither a legal deadline nor a rule specific to the Geneva market. One to two weeks is suitable when the seller has to compare several offers; a shorter period is justified in a competitive context.

If the seller asks for more time, insist on a written extension before the deadline expires. An informal exchange does not automatically extend the validity of your offer.

A final, often overlooked point: avoid submitting several precise offers at the same time without weighing the consequences. If several sellers accept proposals that go beyond a simple expression of interest, the situation becomes difficult to unwind.

Negotiating the price

The asking price is not necessarily the final price, but no standard margin applies across the Geneva market. The possible gap depends on the initial price, the quality of the valuation, the number of interested buyers, the time on the market, the condition of the property, the works required, the situation of the PPE and the seller’s strategy. Our guide to negotiating a property purchase explains these mechanisms in detail.

An offer below the asking price gains credibility when it is based on verifiable factors: works to be planned, high charges, an insufficient renovation fund, defects identified, comparison with similar transactions.

The seller may accept, refuse or make a counter-offer. A counter-offer may change the price, deadlines, conditions or date of possession, so read the entire reply before assuming that agreement has been reached.

Can you withdraw your offer?

It depends on the timing and the content. If your offer sets an acceptance deadline, you may be bound during that period under the general rules on the formation of contracts. Withdrawing an offer before the deadline is therefore not always without risk, as the effect of revocation depends in particular on when the offer was received, how the withdrawal was communicated and the exact nature of the proposal.

Conversely, an offer that is not accepted in time generally lapses, and a late reply counts as a new proposal rather than an acceptance.

The idea that a buyer can always withdraw as long as their offer has not been accepted is therefore too broad. Before sending a withdrawal, have the document and the exchanges reviewed. Even where an accepted offer is not enough to conclude the sale for lack of a notarised deed, a withdrawal may give rise to discussion about costs incurred, pre-contractual liability or the effects of a separate agreement.

Down payment and security deposit

Do not pay any deposit, whether to the seller or to an intermediary, without a document specifying the amount, the recipient, the purpose of the payment, the deposit account, the conditions for repayment and the consequences of a bank refusal or a failed transaction.

Where a deposit is planned, a notarial escrow account offers greater security, but it does not remove the need to analyse the agreement signed. The 5 to 10% sometimes mentioned is a matter of custom, not a legal rule.

A point of caution that goes beyond the legal framework: be wary of urgent payment requests to a private account, especially before you have verified the seller’s identity, the agency’s mandate and the notary’s instructions.

After acceptance

Acceptance opens the phase of preparing the deed, which usually includes appointing the notary, gathering the documents relating to the property and the parties, checking the land register, examining easements, charges and any rights of pre-emption, verifying the financing, reviewing the PPE and works voted, checking whether the LFAIE applies, preparing and reading the draft deed, signing the notarised deed, and then the transfer of possession and land register formalities.

In Geneva, the LFAIE question must be addressed early for people who may be considered persons abroad. The Département des institutions et du numérique is the competent cantonal authority. Depending on the situation, an authorisation must be requested or a finding that the law does not apply must be obtained.

There is no standard period between the offer and signing. A simple case moves quickly, whereas financing, the land register, the PPE, permits or the LFAIE can extend the timetable considerably.

Checklist before sending

• Have your budget validated by the bank.
• Request the key documents for the property.
• Check the PPE minutes and renovation fund.
• Identify short- and medium-term works.
• Word your conditions precedent clearly.
• State a deadline date and time.
• Avoid any wording that creates a definitive commitment if that is not your intention.
• Pay nothing without knowing exactly how the deposit works.
• Have the offer reviewed as soon as a significant amount, a promise to sell or a penalty is involved.

A broker helps you present your file and negotiate. On the legal effects of a clause, they do not replace the notary or the lawyer.

Key points

In Geneva, a written purchase offer is not a property sale: the sale, like a promise to sell, must in principle be executed as a notarised deed. But an offer can have effects depending on its wording, its deadline and the circumstances, so it cannot be treated as a message without consequences.

The best protection comes down to four steps: check your financing, obtain the property documents, word the conditions precedent precisely, and have the offer reviewed as soon as it involves a high price, a deposit, a penalty or a specific obligation. If in doubt, consult the notary handling the transaction or a Geneva lawyer before sending it.