Mortgage basics · Comparison
The cooling-off period for the preliminary sale agreement or the reflection period on the loan offer: no longer confusing them
Cooling-off: renouncing the purchase. Reflection: not accepting the loan too soon. Start, form and effects of both periods, so you lose nothing.
The cooling-off period applies to the preliminary sale agreement: it allows the buyer to renounce the purchase without giving any reason, within a period that begins the day after the first presentation of the letter notifying the deed. The reflection period applies to the loan offer: it merely prohibits accepting it too soon, without granting a right of withdrawal. Neither of the two protects against a loan refusal: that is the role of the suspensive condition.
By Sandy MASCART, mandataire d'intermédiaire en opérations de banque et en services de paiement ORIAS 26000541 sous le mandat de CDV PATRIMOINE & ASSURANCE (ORIAS 14005573)
Key points
- The cooling-off period allows you to renounce the purchase without giving any reason; the reflection period merely prohibits accepting the loan offer too soon.
- The cooling-off period begins the day after the first presentation of the letter notifying the deed, never from the signature.
- The reflection period on the loan offer takes place before acceptance: it is a mandatory reading time, not a right of withdrawal.
- In the face of a loan refusal, only the suspensive condition in the preliminary sale agreement protects the buyer, neither the cooling-off period nor the reflection period.
- Before the end of the cooling-off period, no payment may be received from the buyer, except for the financial guarantee of the depositary.
Withdrawal applies to the preliminary sale agreement: it allows you to renounce the purchase, without stating any reason. Reflection applies to the loan offer: it prohibits you from accepting it too early. Do not lose a right or a date: one of the basic rules of home lending.
Withdrawal and reflection: what is the difference?
Withdrawal allows you to undo the preliminary sale agreement without having to justify your decision. Reflection prohibits you from signing the offer before its term expires.
| Withdrawal | Reflection | |
|---|---|---|
| Document concerned | The preliminary sale agreement or the promise to sell | The bank’s loan offer |
| Who is protected | The non-professional buyer of a dwelling | The borrower, and their guarantors |
| What the period allows | Renouncing the purchase, without stating any reason | Nothing: it prohibits acceptance before its term expires |
| Starting point | The day after the first presentation of the letter notifying the deed, or its delivery | The receipt of the offer |
| What you must do | Nothing to buy; notify to renounce | Wait, then accept |
| Legal text | Code of Construction and Housing | Consumer Code |
| Stage in the project | Right at the beginning, just after the signature | Much later, when the bank has issued the offer |
How is the withdrawal period for the preliminary sale agreement calculated?
Il court à compter du lendemain de la première présentation de la lettre qui notifie l'acte — et non du jour de la signature, ni du jour où vous allez chercher le pli à la poste.
- En vigueur depuis le
- Source
- Article L. 271-1 du code de la construction et de l’habitation — Légifrance
Not from the signature: from the day after the first presentation of the registered letter, even if you collect the envelope later. If handed over in person by the agent or the notary, it runs from the day after the delivery.
If there are two buyers, rely on each letter and have the date confirmed in writing. A sale signed directly at the notary’s office opens a reflection period of the same duration.
How to withdraw from a preliminary sale agreement, in practice?
- Re-read the clause: who to write to, in what form.
- Write by registered post that you are exercising your right of withdrawal regarding the deed and the property, without stating any reason.
- Send it before the deadline expires and keep the proof of posting.
- If there are several buyers, either all of you sign, or each of you sends your own letter.
- Notify the notary and the agency by email, copying them.
The withdrawal is final.
What happens to the deposit in the event of withdrawal?
It is returned to you, without any reason to be given, by the professional holding it.
No payment is permitted before the end of the period, unless it is made into the hands of a professional holding a financial guarantee. A cheque to a private individual on the day of the preliminary sale agreement? Refuse it.
And the cooling-off period for the loan offer?
- Délai de réflexion de l'emprunteur 10 jours
- Maintien minimal des conditions de l'offre 30 jours
Pendant le délai de réflexion, l'offre ne peut pas être acceptée : une acceptation envoyée trop tôt est refusée par la banque, qui en réclame une seconde. La durée de maintien est le temps minimal pendant lequel la banque reste tenue par ses conditions.
- En vigueur depuis le
- Source
- Article L. 313-34 du code de la consommation — Légifrance
It cannot be shortened and takes place before acceptance, never after. Re-read the offer during this time: the day-by-day count.
And if the loan is refused: which of the two periods protects you?
Neither: it is the suspensive condition of obtaining the loan.
C'est un plancher. La durée utile est celle qui couvre l'instruction réelle d'une banque, assurance et garantie comprises : elle se négocie avant de signer le compromis, pas après.
- En vigueur depuis le
- Source
- Article L. 313-41 du code de la consommation — Légifrance
Loan refused within the terms of the clause: the sale falls through and your funds are returned to you, provided the clause describes a realistic loan and you prove your efforts. See the suspensive condition, the loan refused after the preliminary sale agreement and the complete timeline.
Securing the financing before the preliminary sale agreement
As a mortgage intermediary working under mandate, I verify your borrowing capacity, I review the suspensive condition, and I submit a complete application as soon as the withdrawal period ends; the notary drafts the preliminary sale agreement. The documents · the fees.
Is the preliminary sale agreement about to be signed? Create your application or have the loan clause reviewed before signing.
Sources
Read next
- Mortgage in Lyon: frequently asked questions
- Loan offer: cooling-off period, validity, and how to avoid starting over The cooling-off period is counted to the day, the validity of the terms, and the modifications that require a reissue: accept your offer without losing time.
- How long between the preliminary sale agreement and the keys? The actual timeline, and where to save time From sale agreement to keys, step by step: the legal deadlines that cannot be cut, those that can, and six levers to keep the timeline short.
- Mortgage financing condition: the four figures that protect you, and how to set them Drafted before the bank has spoken, the clause decides everything if the loan is refused: the four figures to include, how to set them, the wording to add.
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