What happens if I change my mind after signing a preliminary sales agreement (compromis de vente)? What is the legal deadline, what steps should you take, and what amounts can you recover if you withdraw as the buyer?
Withdrawal at the compromis de vente stage is explained here step by step, so you know when and how to act. We also detail additional protections, such as conditions precedent, and withdrawal after signing in the event of a loan refusal.
You will find practical cases, actionable advice and the procedure to follow (registered letter, deadline, refund of sums) so you can act safely.
For any personalised question, contact your local Optimhome real estate advisor, who will support you all the way to the notarial deed.
Understanding the compromis de vente and the withdrawal right
The compromis de vente is a fundamental preliminary contract in a real estate transaction. It binds the buyer and the seller to the price and the conditions of the sale. Upon signing, the buyer often pays an immobilisation indemnity or a deposit. This amount is generally between 5% and 10% of the price. It will later be credited against the purchase price at completion.
The unilateral promise (promesse unilatérale) and the compromis are legally different. In a unilateral promise, only the seller commits for a given period. In a compromis, both parties have obligations. This difference directly impacts the withdrawal right.
The withdrawal right protects private individual buyers. It is provided for by Article L271-1 of the French Construction and Housing Code (Code de la construction et de l’habitation). Introduced notably by the Macron law (2015), this right allows a non-professional buyer to back out. The period is 10 calendar days. During this time, the buyer may withdraw without justification or penalty.
The starting point of the period is precise. It begins on the day after the first presentation of the notification of the compromis. Notification can be hand-delivery or the first presentation of a registered letter with acknowledgement of receipt. The period is counted in calendar days. If the last day falls on a Saturday, Sunday or public holiday, it is extended to the next working day.
Another important rule: the seller does not benefit from a symmetrical withdrawal right after signing. They remain bound by their commitments, unless a condition precedent set out in the compromis is not fulfilled. Signing a compromis signals a strong intention to proceed to the notarial deed.
Difference between a compromis de vente and a promesse de vente
A unilateral promise gives the buyer an option for a defined period. The seller undertakes not to offer the property to another buyer during that time. If the option is not exercised, the immobilisation indemnity remains with the seller under the agreed terms.
The compromis de vente, also called a synallagmatic promise, immediately binds both parties. Legally, it is treated as a sale subject to the fulfilment of conditions precedent. If one party backs out outside the permitted cases, the other may seek specific performance or damages.
The legal framework for the withdrawal period
The legal period is 10 calendar days. It starts on the day after the first presentation of the notification of the compromis. Notification can be made by hand delivery, by registered letter with acknowledgement of receipt, or by a mandated professional.
The count is in calendar days. If the tenth day falls on a Saturday, Sunday or public holiday, the period is postponed to the next working day. The buyer must be informed of this right and how to exercise it. Notaries and real estate agents generally state the notification date in the compromis.
Be careful: any amendment to the compromis (avenant) triggers a new 10-day period. This new period can affect the deadline for signing the notarial deed.
How to exercise the withdrawal right after signing the compromis
To exercise the withdrawal right, the buyer must notify their decision to the seller or their representative before the deadline expires. The recommended form is a registered letter with acknowledgement of receipt. The law also accepts any method that provides proof.
The letter must be explicit. State your intention to withdraw, the signature date of the compromis, and the property address. You do not need to give reasons. Keep the acknowledgement of receipt, a copy of the letter, and any exchanges with the notary or the agent.
Immediate consequence: the compromis is cancelled with no penalty. Sums paid (deposit, immobilisation indemnity) must be refunded in full. The refund must be made within a legal period of 21 days starting from the day after the withdrawal notification.
If the refund is delayed, the buyer may claim interest. The notary or the real estate agent can help secure the procedure. They verify the start date of the period and confirm the correct address for sending the notice.
In practice, sending a registered letter with acknowledgement of receipt remains the safest method. If the compromis was delivered by hand, the hand-delivery date is used as the reference for calculating the period.
Financial and legal consequences of withdrawal
Withdrawal within the deadline: sums paid are refunded in full. There is no penalty. The contract is cancelled and both parties regain their freedom to contract.
Withdrawal after the deadline without valid grounds: the buyer may lose the immobilisation indemnity. The seller may keep the deposit, generally 5% to 10% of the price. The seller may also seek specific performance or damages.
The seller has no normal withdrawal right after the compromis. If the seller backs out without grounds, the buyer may go to court to seek specific performance or financial compensation.
The role of the notary and the real estate agent at this stage
The notary ensures the legal security of the transaction. They check title, mortgages and prepare the deeds. They keep evidence of notification and remind the parties of deadlines.
The real estate agent supports the commercial phase. They may draft a private compromis. They advise on conditions precedent and on how the withdrawal period is calculated. They also assist with sending notifications.
Notary and agent coordinate preparation for the notarial deed and liaise with the bank for loan approval. Their involvement reduces mistakes and disputes.
Conditions precedent: a second protection after the withdrawal period
After the 10 days, conditions precedent allow the compromis to be cancelled without penalty if a specified event does not occur. The most common is the loan condition. If the bank refuses the loan within the agreed timeframe, the buyer can withdraw and recover the deposit.
To be effective, these clauses must be drafted clearly. They should specify deadlines, evidence to provide and the procedure for informing the seller. A well-drafted clause prevents disputes.
Other common conditions: absence of unexpected easements, compliant diagnostics, building permit approval, clearance of pre-emption rights. If a condition is not met, the buyer may request cancellation.
Non-fulfilment must be notified to the seller within the contractual deadlines, with proof. Once the condition is established, sums paid must be refunded promptly, according to the stipulated deadlines.
How conditions precedent work in practice
If the loan condition fails, the buyer notifies the seller or the notary. Notification is made by registered letter or by email with proof. The contract becomes void and the indemnity is refunded.
The timeframe depends on the compromis. Respect it to keep the protection. Refunds generally occur within 15 to 21 days, depending on clauses or notarial practice.
Concrete examples of common conditions precedent
Example 1 — loan refusal: the bank issues a refusal letter. The buyer forwards it to the other party. The compromis is cancelled and the deposit is refunded.
Example 2 — non-compliant diagnostics: a report reveals a major issue. A diagnostics-related clause allows the buyer to exit the sale without penalty.
Example 3 — building permit refusal: for a new-build project, an administrative refusal can be included as a condition precedent. The sale is cancelled if the authorisation is refused.
Specific rules depending on the property type and project
The withdrawal right applies to acquisitions for residential use by non-professional buyers. Some sectors have specific rules. Knowing these specifics prevents mistakes.
In VEFA (sale off-plan), the reservation agreement and preliminary contract include specific provisions. The buyer benefits from a withdrawal period after signing the reservation contract. The reservation deposit is regulated depending on progress.
A life annuity sale (viager) involves specific commitments: upfront payment (bouquet), annuity and special clauses. The file is more technical, and a notary’s advice is recommended.
Prestige properties and commercial premises can involve bespoke negotiations. The 10-day period concerns non-professional buyers and residential property. It does not necessarily apply to professional buyers.
For commercial premises, conditions precedent linked to operating licences or specific financing are often added. These clauses provide suitable protection when drafted correctly.
The specific case of buying off-plan (VEFA)
In VEFA, the buyer first signs a reservation contract. Then come the deed of sale and delivery. The withdrawal right is generally exercised after signing the reservation contract. The buyer may withdraw within 10 days.
The reservation deposit is protected by strict rules. Guarantees such as the financial completion guarantee protect the buyer. Conditions precedent remain essential to secure the transaction.
Particularities for viager, prestige property and commercial premises
Viager requires special attention to the annuity and upfront payment calculations. Clauses governing withdrawal are specific. Notarial support is essential.
The prestige market often offers greater room for negotiation, but vigilance around charges and easements must be increased. For commercial premises, the withdrawal right is not automatically applicable. Check the buyer’s status and the nature of the property.
Best practices and pitfalls to avoid to secure your withdrawal
Strictly respect the deadline calculation. Count calendar days starting from the day after first presentation. If the deadline falls on a weekend or public holiday, apply the extension to the next working day.
Send your letter by registered mail with acknowledgement of receipt and keep the receipt. Mention the signature date of the compromis, the property address, and your explicit intention to withdraw. Do not state any reason: the law does not require it.
Check the conditions precedent: ensure they are precise and dated. Respect deadlines for providing supporting documents. Clear drafting protects the buyer and limits disputes.
Do not underestimate the role of a local real estate advisor. They know local market practice and notarial habits. Their support helps anticipate unclear wording in the compromis and avoid procedural risks.
How to calculate and respect your withdrawal period
The period starts the day after first presentation. Example: if the registered letter is presented on the 1st, the period starts on the 2nd and ends on the 11th. If the 11th is a Sunday, the deadline becomes Monday the 12th.
Plan ahead and do not wait until the last day to send the letter. Sending a few days earlier reduces risk linked to postal delays or disputes about receipt dates.
Drafting your withdrawal letter: examples and recommendations
Simple template: your details, the signature date of the compromis, the property address, and the following sentence: “I hereby notify you of my decision to withdraw within the period provided by Article L271-1 of the Construction and Housing Code.”
Attach a copy of the compromis and send everything by registered letter with acknowledgement of receipt. Keep all evidence: the acknowledgement, a copy of the letter and exchanges with the notary.
What happens if withdrawal is late or not justified?
Withdrawal after the deadline without a condition precedent: the buyer risks losing the immobilisation indemnity, often 5% to 10% of the price. The seller may keep it as compensation.
The seller may also initiate legal action: they may seek specific performance or claim damages. Case law confirms that late withdrawal can be very costly for the buyer.
Conversely, if the seller backs out without grounds, the buyer may seek specific performance and/or damages. Proceedings can be long and expensive; support from a lawyer and a notary is often necessary.
Practical example: late withdrawal without valid grounds
Scenario: purchase at €300,000 with a 10% deposit (€30,000). The buyer withdraws after the deadline. The seller keeps the deposit and also claims damages estimated at €20,000.
Consequence: the buyer could lose €30,000 and owe an additional €20,000—€50,000 in total. This illustrates the importance of respecting deadlines or activating conditions precedent.
Consequences for the seller if they back out after the compromis
If the seller backs out without grounds, they breach their contractual obligations. The buyer may go to court to seek specific performance and/or damages.
The process can be long and costly. Legal advice is recommended to assess chances of success and potential costs.
Our local real estate advisors: your ally to complete your project safely
Optimhome advisors provide local, practical expertise. They deliver reliable valuations and draft precise compromis. They propose conditions precedent tailored to the project.
They coordinate exchanges between buyer, bank and notary. They know nearby sales history and each local market’s specifics. Their support reduces risks and facilitates the notarial deed signing.
Contact a local Optimhome real estate advisor for a valuation, a review of a compromis, or personalised support through to handover of the keys.
Key takeaways
The compromis de vente is a strong commitment: it binds buyer and seller and prepares the notarial deed.
A private individual buyer benefits from a 10-day withdrawal right (calendar days) starting the day after the compromis is notified.
Withdrawal should be notified in writing (registered letter with acknowledgement of receipt) to secure proof and obtain a refund of sums paid.
Conditions precedent (loan refusal, diagnostics, permit) provide protection after the 10 days and allow cancellation without penalty if they are not fulfilled.
After the deadline, unjustified withdrawal exposes the buyer to losing the deposit and possible legal action (specific performance, damages).
For specific cases (VEFA, viager, prestige, commercial premises), rules may differ: get advice from a professional.
To secure your project and avoid deadline or drafting mistakes, contact your local Optimhome advisor: valuation, compromis drafting, coordination with notary and bank.
FAQ
What is the difference between a compromis de vente and a promesse de vente?
The compromis de vente binds both parties to complete the sale, while the promesse de vente (unilateral promise) binds only the seller, who grants the buyer an option.
How long does a promesse de vente last?
The duration is set contractually, often around three months, but it can vary. If the option is not exercised, the promise becomes void.
Can you cancel a compromis de vente?
Yes: the buyer has a 10-day withdrawal period with no penalty. After that, cancellation is only possible if a condition precedent in the contract is not fulfilled.
Withdrawal period: working days or calendar days?
The legal 10-day period is counted in calendar days. If the last day falls on a Saturday, Sunday or public holiday, it is extended to the next working day.
What documents are required for a compromis de vente?
The compromis must include the technical diagnostics file (DDT), the title deed, and essential information: price, conditions precedent and property description.
How do you draw up a compromis de vente?
It can be drafted privately or by a notary. It must include key information and be signed by both parties, often with a deposit payment.
Is a compromis de vente mandatory?
No, it is not mandatory, but it is strongly recommended to secure the sale before the authentic deed. It legally binds the parties and facilitates preparation.
When should you sign a compromis de vente?
After agreement on price and conditions, often following an offer. It sets the timeline and conditions for signing the notarial deed.
Can you cancel a promesse de vente?
Yes: the buyer can withdraw within the legal 10-day period. After that, cancellation is only possible if the contract’s conditions precedent are not fulfilled.
Author :
Fabrice DOBROWOLSKI - Optimhome Network Development Director
Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.
