Question to an expert
To reassure the seller, I would like not to include a loan suspensive clause in the promise to sell, is this possible?
To put the odds on your side when you want to buy a house, or negotiate a better price, you may be tempted to make the seller an offer to purchase without a loan condition precedent – clause allowing the prospective buyer to waive the purchase after the signing of the promise or the sales agreement if he does not obtain the desired loan, without penalty.
Indeed, with an equivalent file, the seller will often prefer an offer without this condition, because the sale of his property will not depend on your ability to obtain credit.
Before a judge
This is a legal condition, you cannot be forced to waive it. If you do so, this waiver will only be valid if it is the subject of an express handwritten mention on your part, or if it is recorded in a notarial deed.
And waiving this loan condition precedent assumes that you have the means to do so, so that you can buy the property without credit (and this, even if you still have recourse to credit to finance your project, by heritage opportunity).
If you cannot buy the property without a loan, your waiver will not be valid. And you could, in the event of refusal of credit, reconsider your renunciation, in front of a judge. But he could only prove you right if you could prove that the seller had been informed of your intention to borrow.