What are your rights as a non-professional buyer?
In a real estate sale, the non-professional buyer has a 10-day withdrawal period. But when does this period actually start? Here are the essential points to know.
1. The Legal Framework: A Clear Withdrawal Right
According to article L. 271-1 of the Construction and Housing Code (CCH), the non-professional buyer has a 10-day withdrawal right. This period starts the day after the first presentation of the registered letter notifying the deed, or from the hand delivery made by a professional (real estate agent or notary).
- The essential point to remember: the period begins the day after the letter presentation, not the day after that. Withdrawal can be done without justification, by registered letter with acknowledgment of receipt or any equivalent means.
2. How to Calculate the Period?
The notification day is not counted in the period calculation. Thus, the day of delivery or first presentation of the letter is not counted. The 10-day period indeed begins the following day.
A common mistake is thinking this period starts two days after notification, which is incorrect. The Court of Cassation has recalled this several times, notably in its decision of December 19, 2024.
3. Exceptions for Co-ownership Sales or Without Risk Assessment
- In some cases, the starting point of the period may be postponed:
- In co-ownership: The period begins the day after the delivery of mandatory co-ownership documents.
- In case of absence of risk assessment: The period begins the day this document is communicated.
4. What If the Period Falls on a Weekend or Holiday?
If the last day of the period falls on a Saturday, Sunday or holiday, it is automatically extended to the next business day. This rule was confirmed by the Court of Cassation on December 5, 2007.
5. Concrete Case: A Buyer Sanctioned
In a recent case, a buyer exercised their withdrawal right 11 days after the deed notification. Believing that the period started the day after the next day, they were ordered to pay €3,500 in damages, the Court having recalled that the period indeed begins the day after the letter presentation, without additional postponement.
To remember: to avoid errors, carefully check the date of first presentation or delivery of the deed and scrupulously respect the 10-day period.
Keywords:
withdrawal period, sales agreement