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The right of withdrawal of the buyer of a property
Buyer's right of withdrawal
The law offers protection to the non-professional buyer who buys a property for residential use. The buyer thus benefits from a withdrawal period of 10 days, once the compromise or the promise of sale is 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 built (Sheet 17: The Sale in the Future State of Completion), the rental accession.
The law provides for two ways to make the buyer's withdrawal period run:
• The real estate agent (or notary) sends the buyer the preliminary contract by registered letter with acknowledgment of receipt. The period of 10 days then runs from the day after the first presentation of the mail by the postman. It does not matter that the buyer does not pick up the letter in the mail: the deadline still runs.
• The real estate agent (or notary) gives the buyer directly the preliminary contract, on which the buyer has the obligation to affix a precise handwritten mention.
In this case, the period of 10 days runs from the day after handing over.
The buyer may withdraw, by registered letter with acknowledgment of receipt, during this period of 10 days. If the period normally ends on a Saturday, Sunday or a public holiday or non-working day, it will end on the first following working day, at midnight.
The buyer benefits from the withdrawal period after the signing of the compromise. He does not benefit from it a second time before the authentic deed.
Namely : when buying a property for commercial use, or professional, or mixed professional and residential, the buyer does not benefit from a withdrawal period.
For acts concluded since August 8, 2015, the withdrawal period has been reduced from 7 to 10 days.
Many sales are concerned, in particular: the purchase of a property for residential use, the sale of a building to be built (Sheet 17: The Sale in the Future State of Completion), the rental accession.
The law provides for two ways to make the buyer's withdrawal period run:
• The real estate agent (or notary) sends the buyer the preliminary contract by registered letter with acknowledgment of receipt. The period of 10 days then runs from the day after the first presentation of the mail by the postman. It does not matter that the buyer does not pick up the letter in the mail: the deadline still runs.
• The real estate agent (or notary) gives the buyer directly the preliminary contract, on which the buyer has the obligation to affix a precise handwritten mention.
In this case, the period of 10 days runs from the day after handing over.
The buyer may withdraw, by registered letter with acknowledgment of receipt, during this period of 10 days. If the period normally ends on a Saturday, Sunday or a public holiday or non-working day, it will end on the first following working day, at midnight.
The buyer benefits from the withdrawal period after the signing of the compromise. He does not benefit from it a second time before the authentic deed.
Namely : when buying a property for commercial use, or professional, or mixed professional and residential, the buyer does not benefit from a withdrawal period.
For acts concluded since August 8, 2015, the withdrawal period has been reduced from 7 to 10 days.
Good to know
This right applies only to residential property. The acquisition of goods intended for another use (garage, box, warehouse, trade) does not allow you to benefit from the right of withdrawal.
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