The law offers protection to the non-professional buyer who purchases a property for residential use. The buyer thus benefits from a 10-day withdrawal period, once the compromise or the promise to sell has been signed (before August 8, 2015, this period was 7 days).
Many sales are concerned, in particular: the purchase of a property for residential use, the sale of a building to be constructed(Sheet 17: Sale in the Future State of Completion), and leasehold.
The law provides for two modalities allowing the buyer's withdrawal period to run:
- - Thereal estate agent (or the notary) sends the preliminary contract to the buyer by registered letter with acknowledgement of receipt. The 10-day period starts the day after the mail is first presented by the letter carrier. It does not matter if the buyer does not pick up the letter at the post office: the time limit still runs.
- - Thereal estate agent (or the notary) hands the preliminary contract directly to the buyer, on which the buyer is obliged to affix a precise handwritten note. In this case, the 10-day period starts the day after the handover.
The buyer can retract, by registered letter with acknowledgement of receipt, during this period of 10 days. If the period normally ends on a Saturday, a Sunday or a holiday, it will end on the next working day at midnight.
The buyer benefits from the withdrawal period after the signature of the compromise. He/she does not benefit from it a second time before thedeed of sale.
Note: when purchasing a property for commercial or professional use, or for both professional and residential use, the buyer does not benefit from a withdrawal period.
For deeds signed since August 8, 2015, the withdrawal period has been extended from 7 to 10 days.