According to the terms of the previous contract, 
the developer undertakes to reserve the premises 
for  the  purchaser  in  case  of  completion  of 
construction. This contract is not binding on the 
parties and does not obligate the developer to sell 
the property to the buyer. Therefore, the purpose 
of  the  pre-contract  is  only  to  ensure  that  the 
developer  reserves  the  agreed  property  for  a 
particular buyer and will not  actively sell  it  to 
other potential buyers for some period of time. 
 
There are no legislative requirements regarding 
the  mandatory  provisions  of  the  preliminary 
contract. As practice indicates, it usually includes 
details  of  the  approximate  location  of  the 
premises,  detailed  plans  of  the  proposed 
development, the number of main rooms and the 
list of maintenance rooms, extensions, permits, 
indicative price of the reserved accommodation, 
etc.  There  is  also  no  legal  requirement  for 
notarization of the Preliminary Agreement. 
 
If the parties enter into a Preliminary Contract, 
the  buyer  has  a  ten-day  time  period  to  decide 
whether to proceed with the final sales contract. 
The consideration period begins after the buyer 
has received a copy of the annex to the previous 
contract, which includes technical description of 
the property (plans, sections, information on the 
coverage of each room, etc.), materials used for 
construction  and  a  description  of  common 
equipment  (elevator,  basement,  collective 
heating, etc.) and other technical information. 
 
During this period of discussion, the buyer may 
withdraw  from  the  contract  and  receive  a  full 
refund of the deposit paid to the developer. If the 
buyer renounces the contract after the reflection 
period, he/she will lose the deposit, unless such 
withdrawal is due to special reasons provided by 
law, for example, the inability of the developer to 
perform the actions according to the Preliminary 
Contract (Aimvesting, 2019)  
 
For  sale  and  purchase  of  real  estate  at  the 
development stage the parties should conclude a 
VEFA  Contract.  Before  signing  it,  should 
provide  the  buyer  with  a  set  of  rules  that  will 
apply to the property built, for example, the use 
of  communal  property,  economic  use  of  the 
property, service charges, etc.  
 
Current  French  legislation  establishes 
requirements  for  mandatory  provisions  of  the 
VEFA Contract. In particular, it should contain 
the following items: 
 
− a  detailed  description  of  real  estate  under 
construction and its location in the building; 
− purchase price, payment terms and terms of 
revision of construction in progress; 
− completion date; 
− guarantee of completion or reimbursement. 
 
The VEFA may also contain certain conditions 
precedent, i.e. the terms that the parties should 
fulfill by a certain date in order to proceed with 
the sale and purchase of the property. In practice, 
such  requirements  often  include  the  buyer’s 
obtaining a mortgage to pay the purchase value 
of  the  property,  under  construction,  or  the 
developer’s  taking  a  bank  loan  to  finance  the 
construction  (since  the  initial  purchase  price 
payments received from the buyers may not be 
sufficient for such financing, and developers, as 
a  rule,  do  not  invest  their  own  funds).  If  the 
parties do not fulfill their previous conditions, the 
VEFA Contract is terminated and the developer 
returns  the  deposit and  /  or  the  amount  of  the 
purchase price actually paid by the buyer at the 
time of such termination. 
 
The  VEFA  Contract  may  provide  a  fixed  or 
preliminary  purchase  price.  However,  in  most 
cases it is a fixed price. If this is a preliminary 
price, the VEFA Contract shall include the basis 
on which such price may be revised and therefore 
the final price is set. In any case, the final price 
cannot increase by more than 70% of the increase 
in the construction price index. 
 
Buyer has to pay the purchase price in several 
parts.  The  amount  of  each  contribution  is 
calculated as a percentage of the total purchase 
price, depends on the stage of construction and 
the  type  of  housing  (apartment  or  house)  and 
cannot exceed the maximum established by law. 
For  example,  the  purchaser's  payment  to  the 
developer  is  no  more  than  20%  of  the  total 
amount at the stage of building the foundation of 
the  house.  The  deposit  is  also  included  in  the 
installment payments (in particular, it is part of 
the last payment). The buyer pays for each stage 
after  the  developer  has  received  a  written 
certificate  from  the  supervising  architect 
confirming the completion of the relevant stage 
of construction. Thus, the buyer is protected from 
any abuse by the developer and can influence its 
behavior. 
 
At the same time, the contract may also provide 
for  a  penalty  of  up  to  1%  of  the  outstanding 
amount per month to be paid by the buyer in case 
of late payment of the purchase price. If the buyer 
is unable to pay the relevant installment within a 
month or longer, the developer may terminate the 
VEFA  Contract  and  file  a  claim  for 
compensation (FrenchEntrée, 2007).