VEFA — ISSUES
You signed a reservation contract for a new apartment in Marseille, paid a 5% deposit (€12,500 on €250,000). Now you want to cancel. Good news: the SR Law (Loi SR) provides a 10-day cooling-off period. Bad news: after that period, recovering your deposit is nearly impossible without a serious reason. In 2023, 12% of VEFA buyers in the Provence-Alpes-Côte d’Azur (PACA) region attempted to cancel after the deadline, according to a notarial study. Only 3% succeeded.
What You See — and What It Really Hides
You signed, paid the deposit, and now you’re hesitating. Maybe a change in professional situation, a separation, or simply doubts about the neighborhood. The developer tells you: “The cooling-off period has passed, the deposit is lost.” What no one says: there are loopholes. The SR Law (CCH L271-1 / L271-2) allows cancellation without penalty if the reservation contract does not clearly mention the cooling-off period, or if the VEFA plan does not comply with the building permit. On a case in Marseille last year, I measured a 15 cm discrepancy in the width of a bedroom: the contract was annulled, deposit refunded.
The Calculations That Change Everything: Habitable Surface Area and the SR Law
The SR Law (CCH L271-1 / L271-2) mandates a minimum habitable surface area. If the delivered area is more than 5% less than the contract area, you can demand cancellation and get your deposit back. Take an example in Marseille: contract for a 3-room apartment of 65 m². You measure after delivery: 61.2 m². The difference is (65 – 61.2)/65 = 5.85%, above the 5% threshold. Concretely, you have the right to cancel without losing your deposit. Formula: difference = (S_contract – S_delivered) / S_contract × 100. Result: 5.85% > 5% → non-compliant. What this means in practice: you can demand contract rescission and full refund of the deposit, even after the cooling-off period.
What Happens If You Do Nothing
If you let it slide, the deposit is definitively lost. But more importantly, you remain bound. The developer can sue you for non-performance and claim damages (often 10% of the price). In Marseille, a buyer had to pay €25,000 on top of the lost deposit. Another risk: if you find a defect after delivery, the ten-year warranty (garantie décennale) may apply, but not for simple regret. In practice, on a recent case, a client waited 6 months before acting: the developer had already resold the property, the deposit was lost.
Recourse and Guarantees: What You Can Demand
Your best chance: invoke a valid ground under CCH L271-1 / L271-2 (SR Law). If the reservation contract does not mention the cooling-off period, it is extended up to 30 days. If the VEFA plan differs from the building permit, it is a defect of consent. Send a registered letter with acknowledgment of receipt to the developer, detailing the ground. If refused, file a claim with the judicial court of Marseille. An expert can verify discrepancies. Frankly, without a solid ground, you lose the deposit. But if you have doubts, have the plan checked by an expert: a simple measurement with a laser distance meter can change everything. Also see our article on non-compliant VEFA plans and the VEFA cooling-off period in PACA.
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📅 Mis à jour le 15/08/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.
Questions fréquentes
Can I cancel a VEFA contract in Marseille after signing?
Yes, but only during the 10-day cooling-off period after signing, without penalty. After that, cancellation is possible only for legitimate reasons like loan refusal or serious contractual breaches, but you risk losing your deposit.
What happens to my deposit if I cancel a VEFA contract?
If you cancel within the legal cooling-off period, you get your deposit back in full. Outside that period, unless you have a valid legal reason, the seller may keep the deposit (typically 5% of the property price) as compensation.
Is there a way to cancel a VEFA contract without losing deposit in France?
Yes, if you include a suspensive condition for a mortgage loan and your loan application is rejected, you can cancel without penalty. Also, if the seller fails to meet contractual deadlines or legal obligations, you may cancel and recover your deposit.