4. Contract Conditions when Buying Property in France

1. 4.1. Conditional Clauses
2. 4.2. Cooling Off Period
3. 4.3. Options to Buy
4. 4.4. Deposit
5. 4.5. Statutory Disclosures
6. 4.6. Local Rates
7. 4.7. Fixtures/Fittings

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4.2. 'Cooling Off' Period in French Property Contracts

The option to withdraw from the contract is only available to the buyer. Once the seller has signed they are legally bound by the contract.

The 'cooling off' period is also only available for the purchase of a house or flat and any other buildings or land which may be associated with the residence, at the time of the purchase.

It is not available for the isolated purchase of any other land, including a single building plot, or a garage, or other ancillary buildings. So if you are buying a single building plot (other than within a housing development), there is no cooling off period available to you.

Neither is it available if you are buying as a registered property professional in France, engaged in the buying and selling or development of property.

If you sign in front of a notaire, then you will normally be given a copy of the contract, and the seven day 'period of reflection' commences the following day.

The notaire is required to provide you with the following statement, which you need to sign: "remis par (name of notaire)... à (place)... le (date)..." : "Je déclare avoir connaissance qu’un délai de réflexion de sept jours m’est accordé par l’article L. 271-1 du code de la construction et de l’habitation, et qu’il court à compter du lendemain de la date de remise inscrite de ma main sur le présent projet, soit à compter du...".

The statement certifies that you are aware of the seven day cooling off period.

If you are not handed the contract by the notaire, then they are obliged by law to send you the contract by recorded delivery letter, and the start of the cooling off period begins the day following signed receipt of the contract.

If the next day is a public holiday or weekend, the cooling off period starts from the first working day.

If you sign the contract through an estate agent, then until recently being handed the contract was not considered sufficent proof that you had received it. Accordingly, the agent was required to send you the contract by recorded delivery, and the start of the seven day cooling off period started the day following signed receipt of the contract.

Since 22nd Dec 2008, an estate agent with responsibility for selling the property can now hand you directly the contract, but is required to get you to sign a statement in the following form, similar to that of the notaire: "remis par (name of estate agent)... à (place)... le (date)..." : "Je déclare avoir connaissance qu’un délai de rétractation de sept jours m’est accordé par l’article L. 271-1 du code de la construction et de l’habitation, et qu’il court à compter du lendemain de la date de remise inscrite de ma main sur le présent acte, soit à compter du...".

In the same manner was with the notaire, the seven day cooling off period starts the day after you received the contract in your hands.

At the end of the seven day cooling off period the contract becomes binding on both parties, subject to any conditions that may have been included in the contract.

If you wish to withdraw from the sale prior to the expiry of the seven-day period then, prior to the expiry of the seven day period, you need to send a recorded delivery letter to the estate agent or notaire giving notice of your withdrawal. You are not obliged to give reasons.

In practice, if you signed in front of a notaire, it normally sufficient for you to visit their offices, at which time they can provide you with an appropriate letter of withdrawl for you to sign.

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