Home > Expert advice > Real estate questions > Does the individual who buys land benefit from a withdrawal period?
Does the individual who buys land benefit from a withdrawal period?
Retraction on a plot of land
In principle no. The buyer of a plot of land, even to be built, does not benefit according to the law from a withdrawal period after the signature of the preliminary contract. The legislator has provided for this right only for the acquisition of a property for residential use.
There is, however, one exception: when the land is located in a subdivision subject to development permits, the law imposes special rules for marketing. The preliminary contract of sale is necessarily a unilateral promise of sale, which can be accompanied by an immobilization indemnity, limited to a maximum of 5% of the sale price. Once the unilateral promise is signed, the buyer has a withdrawal period of 10 days, since November 25, 2018 (previously, this period was 7 days).
Attention : when the subdivision is created after a prior declaration, the buyer of a land does not benefit from a withdrawal period.
There is, however, one exception: when the land is located in a subdivision subject to development permits, the law imposes special rules for marketing. The preliminary contract of sale is necessarily a unilateral promise of sale, which can be accompanied by an immobilization indemnity, limited to a maximum of 5% of the sale price. Once the unilateral promise is signed, the buyer has a withdrawal period of 10 days, since November 25, 2018 (previously, this period was 7 days).
Attention : when the subdivision is created after a prior declaration, the buyer of a land does not benefit from a withdrawal period.
Good to know
Even if the case law seems to have a majority opinion on the subject, there are some isolated decisions in favour of the application of the right of withdrawal to any building plot.
Other Frequently Asked Questions
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
