Right of withdrawal of the buyer of a property

Right of withdrawal legislation

The Macron law of August 8, 2015 has acted in the direction of simplification and better supervision of access to property.

From now on, buyers, regardless of the quality of the seller (professional or private) and the place of conclusion of the contract (agency, branch, salon, etc.), benefit from a withdrawal period for a real estate purchase of 10 days (against 7 before 2015). The withdrawal period for real estate buyers has therefore been extended by 3 days.

A buyer can therefore exercise a right of withdrawal:

• without motivating your request,
• free of charge (without the need to compensate the seller or pay penalties)

Good to know

After signing a promise of sale, the seller does not have the right to cancel the sales contract. If he wishes to withdraw from it, you have the right to ask the Tribunal de Grande Instance to rule in favor of a forced sale

WHO IS THE WITHDRAWAL PERIOD FOR?

To be able to take advantage of this legal provision, you must:

• to be an individual
• buy a dwelling for exclusive residential use

However, it is not possible to exercise your right of withdrawal in the event of the purchase of building land, even if it is planned to build a house or any other accommodation intended for residential use.

Similarly, acquiring real estate through an SCI also does not allow you to benefit from this possibility of withdrawal for a period of 10 days: only individuals are in fact covered by this legal measure.