Real Estate Purchase and Right of Withdrawal: When Does the SRU Period Begin?

Buyers, sellers, and real estate agents, do you really know the rules regarding the SRU withdrawal period? The French Court of Cassation has recently provided an essential clarification on this matter.

What is the SRU Period?

A non-professional buyer of a residential property benefits from a ten-day withdrawal period. This period is crucial in any real estate transaction, and its correct application determines the validity of the withdrawal.

Starting Point of the SRU Period

In a ruling dated December 19, 2024 (Cass. 3rd Civ., December 19, 2024, No. 23-12.652), the French Court of Cassation specified that the withdrawal period begins the day after the first presentation of the registered letter notifying the contract (sales agreement or promise to sell).

- Registered letter with acknowledgment of receipt: The ten-day period starts the day after the first presentation of the letter.

- Hand-delivered document: The period begins the day after the document is handed over and signed.

- Electronic registered letter: The period starts the day after the notification email is received.

This clarification was necessary because there was uncertainty about the exact starting date of the withdrawal period. Some believed it started the day after the notification, while others argued it began two days later.

Relevant Legal Texts

Two legal codes confirm this rule:

- The French Construction and Housing Code states that the withdrawal period starts from the day after the first presentation of the letter notifying the contract. See Article L271-1 on Légifrance

- The French Code of Civil Procedure specifies that when a period is expressed in days, the day of the act or notification does not count. See Article 641 of the Code of Civil Procedure

Implications for Transaction Participants

- For the buyer: It is crucial to be aware of the notification date to ensure they do not miss the withdrawal deadline.

- For the seller and real estate agent: Properly informing all parties is essential to ensure compliance with deadlines and avoid potential disputes.

Who Benefits from the Right of Withdrawal?

The right of withdrawal is reserved for non-professional buyers, meaning those who are not acting within the scope of their professional activities. It applies to:

- The purchase of a residential property (whether intended as a primary or secondary residence, for personal use or rental).

- The acquisition of a property intended for residential use.

- The purchase of shares granting rights to a residential property.

- The purchase of a property under a VEFA (Sale in Future State of Completion) or forward sale contract.

- The acquisition of a property through the lease-to-own system.

This clarification from the French Court of Cassation strengthens legal security in real estate transactions. A precise understanding of the SRU withdrawal period enables all parties involved to act in full compliance with the law and anticipate potential disputes.

Côte d'Azur Sotheby's International Realty, experts in luxury real estate on the French Riviera, assist you with professionalism and expertise in all your transactions.