Property Purchases and the Right of Withdrawal

Clarification on the SRU Cooling-Off Period (December 19, 2024 Ruling)

What is the SRU Cooling-Off Period?

Non-professional buyers of residential property are granted a ten-day right of withdrawal. During this time, they may cancel the purchase without penalty. The way this deadline is calculated is crucial, as it determines whether a withdrawal is legally valid.

The Supreme Court’s Clarification (19 December 2024)

The Court confirmed that the cooling-off period begins the day after the first presentation of the registered letter notifying the contract (compromise or promise to sell).

Here’s how the rules apply in practice:

• Registered mail with acknowledgment of receipt: the ten-day period starts the day after the letter’s first presentation.

• Hand delivery: the period starts the day after the buyer signs to acknowledge receipt.

• Electronic registered mail: the period runs from the day after the email notification is received.

This ruling was significant, as there had been uncertainty. Some practitioners argued that the countdown began one day later, on the second day after notification.


Legal References

Two codes underpin this rule:

• Construction and Housing Code (Art. L271-1): confirms that the period begins the day after the first presentation of the notification.

• Code of Civil Procedure (Art. 641): specifies that when a time limit is expressed in days, the day of notification itself does not count.


What This Means for Each Party

• For buyers: pay close attention to the exact notification date to avoid missing the withdrawal deadline.

• For sellers and agents: ensuring parties are correctly informed is essential to prevent disputes and guarantee compliance.

Who Can Benefit from the Withdrawal Right?

The right applies only to non-professional buyers purchasing residential property, whether as a main home, second home, or investment. It covers:

• Direct purchases of residential property.

• Properties intended for residential use.

• Shares granting rights to a residential property.

• Off-plan purchases (VEFA) and forward sales.

• Properties acquired through rent-to-own schemes.

Why This Matters

By clarifying the starting point of the SRU cooling-off period, the Court has provided greater legal certainty in property transactions. A clear understanding of this rule allows all parties to act with confidence, ensuring compliance with the law and reducing the risk of disputes.

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Note: “SRU” refers to the French Solidarity and Urban Renewal Act (Loi Solidarité et Renouvellement Urbains, 2000). Among other reforms, this law introduced the ten-day cooling-off period that allows non-professional buyers of residential property to withdraw from a purchase without penalty.