How does the cooling-off period after the compromis work?
A non-professional buyer of a home may withdraw within 10 days of the compromis, without giving a reason and at no cost (art. L271-1 of the Construction and Housing Code). The period starts the day after the registered letter notifying the deed is first presented, and withdrawal is made by registered letter with acknowledgement of receipt. After that, only the conditions precedent still allow a way out without losing the deposit.
Who benefits, and for which deed
The period applies to a non-professional buyer of a residential property, whether they sign a unilateral promesse or a compromis de vente, privately or before a notary. The seller is bound from signature: they can only withdraw if the deed provides a right to withdraw in their favour.
Before you sign, other checks matter too, such as who provides what before buying and surveyor, expert or architect. For one address, the free ScanAdresse preview shows for free what the registers say.
When the period starts and ends
The 10 days are calendar days. They start the day after the registered letter notifying you of the signed deed is first presented, or after it is handed to you in person where the law allows. So the signature date is not what counts: if you sign on a Saturday and the letter is presented the following Tuesday, day one is the Wednesday. Keep the delivery notice and the acknowledgement of receipt.
If a sum was paid to a notary or to an authorised professional, it is returned to you within 21 days of the withdrawal (art. L271-2 CCH).
How to withdraw
Send the seller, or the notary or agent if the deed says so, a registered letter with acknowledgement of receipt before the period ends. It need not give a reason: state the property’s address, the date of the compromis and that you are exercising your right to withdraw. Do not wait for the last day, and keep the proof of posting.
What you can still check in 10 days
Ten days are enough for checks on paper, not for a certificat d’urbanisme, which the mairie has one month to issue. During the period you can:
- reread the attached diagnostics file, especially the DPE, the hazards statement and the drainage;
- read the PLU zone and regulations and the easements on the Géoportail de l’urbanisme;
- look up the address on Géorisques and compare with the hazards statement;
- look for permits displayed or filed nearby, and visit the area at another time of day;
- have the works priced by a professional and recalculate the costs.
Questions to ask before the compromis
After the 10 days: conditions precedent
Once the period is over, the compromis only falls away if a condition precedent is not met. The most common is obtaining the mortgage: unless the deed states that you are paying without a loan, the mortgage condition applies, for at least one month (art. L313-40 to L313-45 of the Consumer Code). Other conditions can be agreed: a certificat d’urbanisme with no burdensome easement, the clearing of a pre-emption right, works by the seller. The notary or a lawyer will help you word them.
To fit within the 10 days, ScanAdresse gathers in a few minutes what the public registers say for the address: the PLU and its articles, easements, Géorisques hazards, permits in the cadastral section, the DPE and nearby sales; €29 including VAT, free preview.
Frequently asked questions
Do you have to justify withdrawing?
No. Withdrawal within the period needs no reason and costs nothing.
Does the period start again at the final deed?
No. It opens once, at the preliminary contract. If the sale goes ahead without one, the law instead provides a 10-day reflection period on the draft deed.
Is an email enough?
The law provides for a registered letter with acknowledgement of receipt, or another means offering equivalent proof of date. The safest is still the registered letter.
What if I find a problem after the 10 days?
You then need a condition precedent that is not met, an agreement with the seller, or legal action if information was concealed. A notary or a lawyer will tell you what applies to your case.
Sources
- Service-public: promesse de vente and compromis
- Service-public: mortgage condition precedent
- Construction and Housing Code, art. L271-1 and L271-2
- Consumer Code, art. L313-40 to L313-45
ScanAdresse is a private service by SRI Group BV (VAT BE1037052239), not connected to any public authority: it brings together public data, with the source and date of every item.
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