The principle: 10 days to change your mind
Since the Macron Law of 2015, any non-professional buyer of a property in France benefits from a 10 calendar-day cooling-off period following the signing of the preliminary sales agreement (compromis de vente). This period, provided for by article L.271-1 of the French Construction and Housing Code, is mandatory: no contractual clause can reduce or eliminate it.
During these 10 days, the buyer may withdraw without justification, without penalty, and without having to state a reason. The deposit (generally 5 to 10% of the price) is returned in full. This is one of the essential protections for the buyer in the Paris property purchase process.
How is the period calculated?
The 10-day period runs from the day after the first delivery of the registered letter notifying the buyer of the preliminary agreement, or from the day after the agreement is handed over in person.
If the agreement is signed at the notary’s office, the notary sends the signed agreement and all annexes by registered letter. The period only begins upon receipt of this complete notification. If a diagnostic report or annex is missing, the period does not start.
If the 10th day falls on a Saturday, Sunday, or public holiday, the period is extended to the next business day.
How to exercise the withdrawal
The withdrawal must be notified by registered letter with acknowledgement of receipt, sent to the seller (or their representative, or the notary) before the end of the 10-day period. It is the date of dispatch (postmark) that counts, not the date of receipt.
The letter does not need to state a reason. A single sentence suffices: “I, the undersigned [name], buyer of the property located at [address], hereby notify you of my decision to withdraw from the preliminary sales agreement signed on [date], in accordance with article L.271-1 of the CCH.”
The deposit must be returned within 21 days of the withdrawal notification. After this period, the amounts accrue interest at the legal rate.
Pitfalls to be aware of
The most common pitfall concerns incomplete notification. If the notary has not sent all the mandatory documents (diagnostic reports, co-ownership regulations, minutes of the last 3 general meetings), the cooling-off period has not started. The buyer can theoretically withdraw well beyond the 10 days.
Another pitfall: the right of withdrawal is available only to the buyer. The seller is bound from the moment the preliminary agreement is signed and cannot withdraw.
Finally, the cooling-off period does not apply to auction purchases or to property professionals (professional SCI, property dealers).
FAQ
Can the seller refuse my withdrawal?
No. Withdrawal is an absolute right of the buyer, exercised without justification. The seller can neither refuse it nor claim damages.
Is my deposit refunded?
Yes, in full, within 21 days of the withdrawal notification. No penalty may be retained.
Is the period 10 business days or calendar days?
Calendar days. Saturdays, Sundays, and public holidays count in the calculation. Only the expiry date is postponed if it falls on a non-business day.
Can I withdraw by email?
No. A registered letter with acknowledgement of receipt is the only valid means of notification. An email, text message, or phone call does not constitute a valid withdrawal.
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