Off-Plan Property Lawyer Dubai: Developer Disputes

It may be possible, but it depends on the terms of your SPA 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.

Yes. MBM’s first consultation is free and confidential. It is a discussion of your situation, and the SPA and payment record if you have them. If you then choose to instruct MBM, we give you a written scope and fee position before any paid work starts.

There are usually three routes, often pursued in sequence: a documented demand under the SPA, 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.

A complaint is built on a clear chronology, the SPA, your payment record and a specific request, such as a refund or action on the escrow account. As we understand it, it is generally filed through the Dubai REST channel by choosing the complaint category, uploading the documents and keeping the reference number, and the DLD may offer mediation first. The forms and channels are set by the authorities, so we check the current procedure for your matter before filing. MBM prepares and pursues the complaint where the regulatory route is the stronger one.

A defined sequence applies. Current professional commentary describes 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 should be confirmed against the escrow law and RERA’s own procedure.

The reported figures are around 14 days for the release of buyer funds from escrow once cancellation is confirmed, and around 60 days for the separate shortfall-recovery process where escrow does not cover everything buyers paid. They are drawn from professional commentary rather than primary legislation, so please treat them as indicative and confirm them for your project.

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.

It can affect the claim. Where the SPA contains a grace period, the handover date for these purposes may be the end of that period rather than the original date, and force majeure wording may add further arguments for the developer. Send us the clauses and we will read them against the dates that applied.

Not without advice. The SPA’s default provisions can apply to you as well as to the developer, so stopping payments on your own judgement can create an argument against you. Tell us what has happened, send the SPA and the schedule, and we will advise on the safest way to protect your position while you raise the issue formally.

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.

Whether a change 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.

Defects may be recoverable, depending on the agreement and the facts. Record each defect in writing and with photographs, keep the snag list and the handover paperwork, and give the developer written notice. Where the problem lies in the building works, see our page on the construction dispute lawyer route.

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.

There is no single answer. A matter that resolves on a documented demand is quicker than one that needs a regulatory complaint, and one that goes to court or arbitration takes longer again. At the first consultation we tell you which route looks realistic and what could affect the timing.

Yes, in many cases. You can reach us by phone or WhatsApp and send documents the same way. Where someone else needs to act for you in the UAE, a power of attorney may be needed, and we explain what is required. See power of attorney notarisation.

Cost depends on whether the matter resolves by demand, needs a regulatory complaint or has to be decided by a court or arbitral tribunal. The first consultation is free. If you decide to instruct us, we give you a scope and a fee position in writing before paid work starts.