Property sales and disputes

Ten days, when a non-professional buyer purchases a home. The period runs from the day after the registered letter notifying the agreement is first presented, or after it is handed over. During this period the buyer can withdraw without giving reasons or paying a penalty.

The buyer has two years from discovering the defect to take action, and can ask for the sale to be cancelled or the price reduced. The exclusion clause often found in the deed does not protect a seller who knew of the defect, nor a professional seller.

The seller must provide a technical survey file whose content depends on the property: energy performance certificate, risk report and, depending on the case, asbestos, lead and termite reports, electricity and gas installation reports, and non-collective sanitation, among others. An energy audit is also required for the sale of certain of the least energy-efficient houses and single-owner buildings. In a co-ownership, specific documents are added.

Official source: Service-Public.fr (official page)

When the buyer states in the preliminary contract that the purchase is financed by a loan, the sale is concluded subject to obtaining that loan, and this condition cannot be set for less than one month. If the loan is refused despite applications made in accordance with the contract, the sale does not go ahead and the sums paid by the buyer are refunded.

Official source: Service-Public.fr (official page)

Once the non-professional buyer's cooling-off period has expired, the preliminary agreement (compromis) binds both parties: the party who pulls out may be compelled by the court to complete the sale or ordered to pay damages, often fixed by a penalty clause. In a unilateral promise, the seller can no longer withdraw during the option period, and a buyer who does not exercise the option generally loses the immobilisation fee.

Official source: Service-Public.fr (official page)