The buyer's 10-day cooling-off period in France

Who benefits, and for which contracts

Article L271-1 covers “the non-professional buyer” and any contract whose purpose is:

• the construction or purchase of a residential building;
• the subscription of shares giving entitlement to the allocation of residential buildings;
• the sale of buildings to be constructed (Vefa, off-plan sale);
• location-accession (rent-to-buy) of residential property.

Not covered:

The buyer of a building plot (terrain à bâtir) has no right of withdrawal (service-public.gouv.fr, F2057). The Cour de cassation (France’s highest court) has ruled that the right of withdrawal only covers contracts concerning a residential building, and that the buyer’s intention to build a house there, even when written into the contract, is “irrelevant” (Cass. civ. III, 4 February 2016, no. 15-11140, as analysed by ANIL). The contract to build the house, on the other hand, falls under article L271-1, which covers the construction of a residential building.

The starting point: notification

The contract is notified to the buyer by registered letter with acknowledgement of receipt or “by any other means offering equivalent guarantees for determining the date of receipt or delivery” (art. L271-1).

• Registered letter: the period runs from the day after the first presentation, even if you collect the letter from the post office later.
• Hand delivery: possible only if the contract is concluded through a professional authorised to handle the sale; the period runs from the day after delivery, which must be attested in a manner set by decree (art. L271-1).
• Preliminary contract then deed: where a compromis or promesse precedes the acte authentique (notarised deed of sale), the period applies only to the preliminary contract (art. L271-1). There is no second period at the deed of sale.

The contract must state legibly and comprehensibly the conditions and procedure for exercising the right of withdrawal. Any breach of this duty to inform is liable to an administrative fine of up to €3,000 for an individual and €15,000 for a legal entity (art. L271-1).

How to count the 10 days

The period is expressed in days: the day of notification does not count (Code of Civil Procedure, art. 641), hence the start on the following day. It expires on the last day at midnight, and if that falls on a Saturday, Sunday or public holiday, it is extended to the next working day (art. 642), a rule referred to on page F2965 of service-public.gouv.fr.

Example: the registered letter is first presented on Thursday 5 November 2026. The period runs from Friday 6 November and the tenth day is Sunday 15 November; it is therefore extended to Monday 16 November 2026 at midnight.

How to withdraw

Withdrawal is made “in the same form” as the notification: registered letter with acknowledgement of receipt or an equivalent means (art. L271-1). No reason needs to be given. Keep the proof of posting and the acknowledgement of receipt.

If the contract was signed by several buyers (a couple, for example), the Cour de cassation accepts a single letter, provided the acknowledgement of receipt bears both signatures, or the spouse who signed holds a power to represent the other (Cass. civ. III, 9 June 2010). And withdrawal by just one of the co-buyers is enough to cancel the contract (Cass. civ. III, 4 December 2013, no. 12-27293), according to ANIL’s analysis.

Money paid during the period

During the cooling-off period, no one may receive from the buyer “any payment for any reason or in any form whatsoever”, “unless expressly provided otherwise by law” (art. L271-2), provisions which govern in particular payments into the hands of an authorised professional. Demanding or receiving a payment in breach of these rules is punishable by a fine of €30,000 (art. L271-2). Details of sums paid after the period are in our guide compromis ou promesse de vente (preliminary sale contract).

Without a preliminary contract: the reflection period

If you sign the notarised deed directly without a compromis or promesse, the law replaces withdrawal with a 10-day délai de réflexion (reflection period) from notification or delivery of the draft deed. “Under no circumstances may the notarised deed be signed during this ten-day period” (art. L271-1).

Which professional to consult

The notaire (notary) notifies the preliminary contract, keeps proof of the date of first presentation and receives any withdrawal. The authorised agent immobilier (estate agent) can hand the contract over in person against an attestation, which starts the period from the following day. For a purchase financed by a loan, the courtier en crédit (mortgage broker) helps you prepare the loan application during this period, without waiting for it to end.