Title VII of Book II of the Code of Construction and Housing is as follows:
" TITLE VII PROTECTION OF PROPERTY BUYER - SINGLE Chapter
Art. L.271-1 . - For any act designed to build or acquire a building for residential use, subscription Units intended to give the award or enjoyment of residential property or selling property to build or lease Buyers Realty, the buyer can not retract professional within seven days from the day after the first presentation of the letter notifying him of the act.
When the deed is made through a professional who has been mandated to assist in the sale, this act can be given directly to the recipient's right of withdrawal. In this case, the withdrawal period run from the day after delivery of the deed, which must be certified in accordance with procedures determined by law. "
The methods of notification:
The law requires the sending of Compromise by registered letter with acknowledgment of receipt .
An accompanying letter is not mandatory, but is still preferable, for safety.
The signatures on the receipts are in fact often illegible, mail support is therefore a further precaution, insofar as the customer returns to the agency.
It is not possible to indicate in the submission or any other document that the buyer waives the withdrawal period, it would mean the failure to obtain consent, a fundamental element of any contract. The delivery receipt
cons was invalidated by the courts. The notification now opens the withdrawal period unless it is made by recorded delivery. (Any other form of notification, except by a bailiff did not start the withdrawal period that benefits the recipient, and would raise the starting point of this period when the notice shall be by recorded delivery).
In cases where notification is not made in these forms, the notary would have to serve a period of reflection.
Also note: the moral person receive no withdrawal period, even the ICS family.
A number of precautions must be taken when drafting the compromise
• a declaration that the purchaser is acting as unprofessional and that the building is intended for habitation;
• predict the fate the contract in case of withdrawal of one of the purchasers ...
If the buyer exercises his right of withdrawal, professional depositary shall return the funds within 21 days from the day following the date of such withdrawal.
Discount cons receipt
The delivery against receipt is now legal (law ENL).
Previously, the Court of Appeal of Paris, 2nd ch., Sec. B, March 15, 2007, No. 05/24529, Thumerel v. Hauet, admitted this pickup, it considered that since no element of the debate was no basis for suspecting that the appellant (the realtor) have backdated the letter of surrender, the only reason that this remission is made by a real estate agent and not a public officer is irrelevant. She adds, "abundantly, the Act of July 13, 2006 which amended the above text now provides explicitly the validity of the award made by a professional directemet mandated to assist in the sale."
But the Court of Appeals disagreed:
Cass. 3rd Ch. civ., February 27, 2008, No. 07-11303 and No. 07-11936
And as is the last resort ...
It was not until the describing t dated December 21, 2008:
Mention manuscript to be included in the hand of the buyer or buyers:
"presented by (name of professional) ... at (place) ... on (date) ..." and: "I declare to be aware that a withdrawal period of seven days allotted to me by Article L. 271-1 of the Code of Construction and Housing, and he runs from the day after the due date listed in my hand on this deed, or from ... ".
To put the compromise in person, he must also, in the text or reproduce the Article L 271-2 CHC.
The text requires that the compromise presented to the recipient includes the handwritten, not the other copies ... which poses difficulties to the notary who receives the trade: how to check that the right of withdrawal has been validly served? By asking the buyer to bring his copy to the study? In merely a copy?
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