Cooling-off period when purchasing a home
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Your notice of termination must reach the seller within the cooling-off period. Sending it before the end date alone is insufficient.
Detailed explanation, checklist and sources
As a private buyer of a home, you generally have a statutory cooling-off period of three days. Within that period, you can withdraw from the purchase without giving a reason and without compensation.
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Determine when the period starts
The period starts at 00:00 on the day after you receive the purchase agreement signed by both parties. Keep the message or proof of that receipt.
Count weekends and public holidays carefully
At least two days may not be a Saturday, Sunday or recognised public holiday. The period may also not end on such a day. If there are no public holidays, the cooling-off period runs until Tuesday 23:59 if you receive it on Friday. A longer agreed period is possible; a shorter one is not permitted.
Keep proof that your notice arrived on time
Notify the seller in writing that you are terminating the purchase within the statutory cooling-off period. Check the provisions in the purchase agreement concerning this notice. Ask for an acknowledgement of receipt and keep proof that the notice arrived on time. If a deadline is approaching or there is uncertainty, do not wait to seek help from your notary or legal adviser.
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Purchase agreement signed by both parties
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- Purchase agreement signed by both parties
- Date on which you received it
- Weekends and recognised public holidays
- Any agreed longer cooling-off period
- Notice of termination and proof of timely receipt
Frequently asked questions
Does the seller have to agree?
You do not need permission to terminate within the applicable statutory cooling-off period. An acknowledgement of receipt helps prove timely receipt.
What if the cooling-off period has passed?
Check whether a cancellation condition, such as a financing contingency, can still be invoked. Separate agreements and deadlines apply to this. Have this assessed before assuming that you can still withdraw from the purchase.