The handover date has passed
Whether a missed date is a breach depends on what the SPA says about handover, grace periods and force majeure. We read the clause before forming a view.
Real Estate Law · Dubai & UAE
Off-Plan & Developer Dispute Lawyer
Handover missed? Refund refused? Your position usually turns on the SPA and the escrow account — not on what you were told.
MBM acts for off-plan buyers and investors against developers in Dubai — delayed handover, refused refunds, changed specifications, abandoned projects and cancellation. We start with your sale and purchase agreement, because that is where the answer usually is.
Start here
What has the developer actually done?
Delay, non-completion, a changed specification and a refused refund are legally different problems with different routes. Find yours — it decides where we start.
Delay has run beyond a year
A commonly cited position is that once delay exceeds roughly 12 months, formal cancellation rights become easier to pursue through RERA’s project-cancellation process.
The developer refuses to refund
A refusal is not the end of it. We pursue the demand under the agreement, the regulatory route, and a civil claim where that is the realistic option.
Escrow funds do not cover what you paid
Where a cancelled project’s escrow account falls short, commentary reports a separate shortfall-recovery process. We pursue the balance rather than accepting the account total.
Construction has stopped
Non-completion is treated differently from delay. The project’s regulatory status and its escrow position become the centre of the matter.
RERA has cancelled the project
A formal cancellation triggers a defined sequence for releasing buyer funds. There are deadlines in it, and they are worth meeting.
What was delivered is not what was sold
Changed specifications, reduced areas and altered layouts are assessed against the contract, not the brochure. Keep both.
Defects found at or after handover
Snagging items, defective works and issues appearing after you took possession may be recoverable depending on the agreement and the facts.
A payment-plan or instalment dispute
Where the developer says you are in default, or has re-priced or re-scheduled instalments, the SPA’s default provisions decide the exposure on both sides.
The framework your claim sits in
Escrow, RERA and the cancellation sequence
Off-plan sales in Dubai are regulated jointly by the Dubai Land Department and the Real Estate Regulatory Agency (RERA), which together govern registration, brokerage and off-plan sales. That matters practically: alongside a civil claim, there is a regulatory route.
Where a project is formally cancelled, current professional commentary describes a defined sequence — a grievance window for the developer and buyers, then release of buyer funds from the project escrow account once cancellation is confirmed, reported at around 14 days, and a separate shortfall-recovery process, reported at around 60 days, where escrow funds do not cover everything buyers have paid.
Those windows come from professional commentary rather than the text of the escrow law itself, and should be confirmed against the legislation and RERA’s own published procedure before being relied on. Whether any of it helps you depends on your SPA and on the project’s regulatory status.
Primary sources
Dubai Land Department — dubailand.gov.ae · UAE Legislation — uaelegislation.gov.ae
What we do
How MBM runs a developer dispute
Named steps, in the order they usually happen. We will tell you which of them your matter actually needs.
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Review the SPA and the payment record
We read the agreement against what has happened and give you a written view of whether there is a breach, what remedy it points to, and what it is realistically worth.
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Serve a documented legal demand
A properly drafted demand under the agreement does two things: it sometimes resolves the matter, and it builds the record that a regulator or a court will later read.
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File a RERA or DLD complaint
Where the regulatory route is the stronger one, we prepare and pursue the complaint, including on project status, escrow and cancellation.
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Pursue refunds and escrow recovery
We claim the refund and, where the escrow account falls short of what buyers paid, pursue the shortfall rather than treating the account balance as the ceiling.
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Claim compensation and damages
Where delay or breach has caused loss you can evidence, we quantify and claim it. We will also tell you when a loss is real but not recoverable.
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Litigate or arbitrate, and enforce
If the matter has to be decided, we run it — and then enforce the judgment or award, which is a separate exercise from winning it.
What happens next
From first call to recovered funds
You will know whether you have a case, and what it is likely to cost, before you instruct us.
Step 01
Free consultation
Tell us the project, the dates and what the developer has said. We will tell you immediately whether the SPA is likely to be the problem or the solution.
Step 02
SPA & status review
We read the agreement, reconcile your payments and check the project’s regulatory and escrow position, then set out the options in writing.
Step 03
Demand or complaint
We serve the legal demand, or file with RERA or the DLD. A meaningful number of matters resolve at this stage.
Step 04
Claim and enforcement
Where it is needed, we bring the civil claim, argue it, and enforce the outcome.
Before you call
What to have to hand
Off-plan matters are won on documents. The more of this you have, the more precise our first answer can be — but do not delay the call to assemble it.
If a grievance window or a regulatory deadline may already be running, call first. Timing can affect what remains available.
- The sale and purchase agreementComplete, including schedules and any addendum
- Your off-plan registrationAny DLD registration document for the unit
- Every payment recordReceipts, transfers and the instalment schedule
- Brochures and floor plansWhat was marketed, especially if the delivery differs
- Handover correspondenceNotices, revised dates and any explanation given for delay
- Anything from RERA or the DLDComplaint references, project notices or cancellation notifications
Why MBM
A dispute with a developer is not a negotiation between equals
Developers have in-house legal teams and a standard-form agreement drafted in their favour. What changes the dynamic is a documented claim, prepared by people willing to litigate it.
- Real estate and construction together. Off-plan disputes often turn on construction facts as much as contract terms. We handle both.
- Regulatory and civil routes. We use the RERA and DLD complaint route and the courts, rather than treating them as alternatives.
- Litigation and arbitration in-house. Many SPAs point to arbitration. The people advising you are the people who will argue it.
- An honest view on value. If the recoverable amount will not justify the cost of pursuing it, we will say so at the first meeting.
17Years in practice as MBM Businessmen Services L.L.C.
90+Years of shared experience across the team
10Lawyers, litigation and arbitration capable
95%Win rate in high-stakes disputes, as published by the firm
Common questions
Off-plan and developer disputes, answered directly
General information on the current framework, not advice on your purchase. The figures below are drawn from current professional commentary and should be confirmed against primary sources.
Can I cancel my off-plan property purchase in Dubai?
It may be possible, but it depends on the terms of your sale and purchase agreement and on what the developer has actually done.
Where a project has been formally cancelled by RERA, a defined process applies to the release of buyer funds held in escrow. Where the project is merely delayed, a commonly cited position is that once a delay exceeds roughly 12 months, formal cancellation rights become easier to pursue through RERA’s project-cancellation process. Both should be checked against your own SPA and RERA’s current procedure.
How do I get a refund from a developer in Dubai?
There are usually three routes, often pursued in sequence: a documented demand under the sale and purchase agreement, a regulatory complaint to RERA or the Dubai Land Department, and a civil claim.
Which is appropriate depends on whether the project is delayed, cancelled or abandoned, and on what your SPA says about default and termination.
How long does a refund take after RERA cancels a project?
Current professional commentary reports a defined sequence: a grievance window, then release of buyer funds from the project escrow account once cancellation is confirmed — reported at around 14 days — and a separate shortfall-recovery process, reported at around 60 days, where escrow funds do not cover all buyer payments.
These windows are drawn from professional commentary rather than primary legislation, and should be confirmed against the escrow law and RERA’s own procedure.
Can I claim compensation for a delayed handover?
A claim may arise, but it is not automatic. It depends on what the SPA provides about the handover date and about delay, whether a contractual grace period or force majeure clause applies, and what loss you can actually evidence.
We assess the agreement first, because the contract usually decides whether a delay is a breach at all.
What if the developer changed the specifications from the brochure?
Whether a change of specification is actionable depends on what was contractually promised rather than on what the marketing material showed, and on how the SPA treats variations.
Where the change is material and outside what the agreement permits, it may amount to a breach. Keep the original brochure, floor plans and payment schedule.
The developer has stopped construction entirely. What can I do?
Non-completion is treated differently from delay. The escrow account and the project’s regulatory status become central, and a formal project cancellation through RERA may be the route to recovering funds.
Act early. Buyers who have documented their payments and their demands are generally in a stronger position.
Do I have to use the developer’s own dispute process first?
Your SPA may set out a required notice or escalation step, and it is usually sensible to follow it so no procedural point is later taken against you.
That does not prevent a regulatory complaint or a civil claim, but the order in which steps are taken can matter. We review the agreement before anything is sent.
Free consultation
Tell us about the project
Tell us briefly about your matter. Our team will review your enquiry and advise you on the appropriate next step. Everything you send is treated as confidential.
If a grievance window or regulatory deadline may be running, please call rather than waiting for a reply by email.
- +971 4 570 0204Dubai office · Monday to Friday, 08:00–17:00
- WhatsApp +971 54 596 1111Send the SPA and payment schedule if it is easier
- info@mbm-co.comAttach the SPA, receipts and handover correspondence
Practice area: Real Estate Law
Jurisdiction: Dubai, UAE
Last reviewed: September 2026
Thank you — your enquiry is with our team.
A member of the MBM team will review what you have sent and come back to you with the appropriate next step.
If your matter is time-critical, please call +971 4 570 0204 rather than waiting.
The developer has a legal team. You should have one too.
Bring us the agreement and the payment record, and we will tell you what is recoverable and what it will take. The first consultation is free.