Article L. 271-1 of the Construction and Housing Code provides for a right of withdrawal (or reflection) to the benefit of a non-professional buyer, in the context of the sale of a property for residential use.

This right can be exercised within 10 days from the day after receipt of the sale and purchase agreement (compromis/promesse de vente).

This period also applies in the event of hand delivery of the contract, provided it is carried out by a professional (estate agent or notaire).

The withdrawal does not have to be justified and can be conducted by registered letter with acknowledgement of receipt or any other means offering equivalent guarantees.

In a case that was recently heard in the French Supreme Court, the Cour de Cassation, on 28th August 2018 a buyer signed a sale and purchase contract with the seller through the services of an estate agent.

The contract was sent to the buyer by the agent on 30th August 2018, and received on 4th Sept.

The buyer exercised their right of withdrawal, which they did on 15th Sept, 11 days after having received the contract.

The seller contested the right of withdrawal, arguing that it exceeded the 10-day cooling off period.

Nevertheless, the buyer drew on a general provision in the Civil Code which stipulates that the day of the decision and the notification day are not included in the calculation of the time limit expressed in days. Under that interpretation the withdrawal period began on Wednesday 5th September 2018 and concluded at midnight on Friday 15th September.

The buyer won their case in the Court of Appeal, but the seller appealed the judgement to the Supreme Court, who ruled that there was no need to combine the two texts to obtain a postponement of the starting point. The two texts expressed the same rule of computation, and their effects were not cumulative. The 10-day period began on the day after the first submission of the notification, and not two days later, as the buyer claimed.

As a result, the withdrawal was late, and the buyer was ordered to pay €3,500 in damages to the agent.

It is worth noting that in previous decisions the courts have ruled that if the withdrawal period expires on a Saturday, Sunday or a public holiday, the period should be extended to the next working day.

Likewise, a buyer was permitted to withdrawal by email, provided receipt of the email receipt was confirmed by the notaire.