Delay Analysis
Contractual completion dates, permitted extensions and the actual delay assessed against the agreement terms.
Off plan buyers in Dubai have more protection than most realise, and considerably less than they assume once the contract has been signed without review. The framework provides remedies, but they operate through defined procedures rather than automatically.
Dubai Legal Expert acts for buyers in disputes with developers across the UAE, covering handover delay, project cancellation, escrow issues, specification changes and claims for refund or compensation.
Dubai off plan regulation requires project registration, deposit of buyer payments into a project escrow account, and registration of off plan sales on the interim real estate register. Where a project is cancelled, a defined process governs the treatment of buyer funds.
The regulation also sets out procedures where a buyer defaults, including the steps a developer must take before terminating and the proportion of payments it may retain. Those steps are frequently not followed correctly, which is relevant to both sides.
Contact UsClaims where completion and handover are materially delayed beyond the contractual date.
Advice and claims where a project is cancelled, covering the treatment and recovery of buyer funds.
Matters where payments were taken outside escrow or applied contrary to the regulatory requirements.
Claims where the delivered unit differs materially from the contracted specification or area.
Claims for termination and refund, and defence where a developer has terminated for alleged buyer default.
Contractual completion dates, permitted extensions and the actual delay assessed against the agreement terms.
Whether payments were properly deposited into the project escrow account and applied correctly.
Delivered area and specification measured against the contract, where variances can be material.
Project registration and interim register entries checked, since these affect the remedies available.
Whether the developer followed the required procedure before terminating for alleged buyer default.
Many developer disputes resolve through negotiation, which is faster than proceedings for both sides.
Where a buyer falls behind on a payment plan, the developer cannot simply terminate and retain the money. A defined procedure applies, including notification through the regulator and a period for the buyer to remedy, with limits on what may be retained.
Buyers frequently accept a termination without checking whether that procedure was followed, and developers occasionally shortcut it. In both situations the procedural position materially affects what can be recovered, and it is the first thing we examine.
Check registration and procedure, quantify the loss, then negotiate or file.
The sale agreement, registration status and escrow arrangements are examined in detail.
Delay, specification variance, escrow issues or procedural failures are identified and documented.
The claim is quantified, covering payments made, delay loss and any additional costs incurred.
A documented claim is put to the developer, which resolves a proportion of these disputes directly.
Where the issue engages the regulatory framework, the appropriate authority is involved.
Where necessary the claim is filed and pursued to judgment and enforcement.
The handover was two years late. Once the delay was set out properly against the contract the developer negotiated.
They checked whether the termination procedure had been followed. It had not, which changed the whole position.
Remedies depend on the sale agreement and the extent of the delay, and can include compensation, termination or refund. The contractual completion date and permitted extensions are the starting point.
Developers are required to deposit off plan buyer payments into a project escrow account so funds are applied to that project rather than used elsewhere.
A defined process governs the treatment of buyer funds where a project is cancelled, and claims are pursued through that framework.
Only by following the required procedure, which includes notification and a period to remedy, with limits on what the developer may retain.
Material variance in area or specification can give rise to a claim, and the contract usually specifies the tolerance permitted.
Yes. Project registration, escrow arrangements and the developer delivery history are all verifiable before any payment is made.
Bring us the sale agreement and the payment records. The first consultation is free and confidential.
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