The withdrawal period runs even without a cover letter

An individual wants to buy a house. He signs a sales compromise which is notified to him by registered letter with acknowledgement of receipt. It has a withdrawal period of 10 days from the day after 1^re presentation of the letter. The buyer allows this period to pass without exercising his right of withdrawal. He then refused to sign the definitive act on the pretext that the notification of the compromise did not include a covering letter.

The sellers dispute this ground and apply to the court to have the sale concluded and payment of various sums.

The Court of Cassation ruled in favor of the sellers. It considers that, according to Article L271-1 of the Construction and Housing Code, the right of withdrawal may be exercised despite the absence of a covering letter attached to the notification of the compromise. The compromise itself is sufficient if it specifies the conditions for exercising the right of withdrawal.