A delayed apartment, an unexpected termination notice or serious defects can leave a property buyer uncertain about the next payment and the investment itself. Before instructing a lawyer in Dubai, assemble the agreement, payment history and official project information. The available remedy depends on what was promised, what has happened and which party is responsible.
Property disputes also require careful selection of the forum. A contractual claim against a seller, a dispute concerning jointly owned property and a cancelled development can follow different procedures. This guide explains how to prepare a claim and assess the options without assuming that every disagreement produces an immediate refund.
Dubai’s Public Debt Management Office reported over 270,000 real estate transactions worth AED 917 billion in 2025. These are market transaction figures, not a count of delayed projects, defects or successful refund claims. The scale of activity makes accurate contract, registration and payment records useful, while each buyer’s remedy still depends on the applicable law and evidence.
Confirm the transaction and registration
Identify the seller named in the sale and purchase agreement, often called the SPA. Check whether it is the developer, a previous purchaser or another owner. A broker who introduced the transaction is not necessarily the party responsible for construction or transferring ownership. Give the adviser the booking form, signed SPA, amendments, invoices and any separate promises relied upon.
Dubai Law No 13 of 2008 regulates the Interim Property Register. Article 3 requires registration of dispositions concerning units sold before completion and provides for invalidity of unregistered dispositions transferring or restricting ownership or ancillary rights. Article 8 addresses registration of completed projects and units for purchasers who have fulfilled their contractual obligations.
Obtain the Oqood registration record where relevant and any completed property title deed. Compare the purchaser's name, unit number, project and payment details across the documents. A registration discrepancy needs investigation; an assumption based on a brochure or an informal assurance is not enough to establish the position.
Assess the delay against the agreement
Prepare a chronology of the contractual completion date, permitted extensions, construction updates, handover invitations and your responses. Identify whether the problem concerns physical completion, access, utilities, registration or a disputed condition imposed at handover. These issues may require different evidence and remedies.
The current federal Civil Transactions Law was introduced by Federal Decree Law No 25 of 2025 and took effect on 1 June 2026. Its application to earlier transactions requires examination of the relevant dates and rules. Under Article 234, a party to a reciprocal contract may, following the required notice, seek performance or termination where the other party fails to perform when due. The court retains the statutory discretion to order performance, allow time or refuse termination in specified circumstances, with compensation where justified.
Explain the outcome you want. Completing the purchase, negotiating a revised timetable and seeking termination involve different commercial consequences. Keep records of accommodation expenses or other alleged losses, and explain how they arose. A claim should distinguish actual expenditure from estimated returns that were never guaranteed.
Respond carefully to allegations of buyer default
Do not assume that a complaint about the developer removes your own payment obligations. Ask for advice before withholding instalments or ignoring correspondence. Supply the complete account statement and evidence of payments, including transfers made through an intermediary, so any alleged shortfall can be reconciled.
Article 11 of Law No 13 of 2008, as replaced by Law No 19 of 2020, prescribes a process for purchaser default under a sale agreement for a unit sold before completion. The developer must notify the Dubai Land Department. After verifying the breach, the Department gives the purchaser a written notice allowing thirty days to perform and may facilitate settlement. Further statutory steps and the project's completion percentage determine the developer's available measures.
The permitted retention is not one universal percentage of the payments received. Review the particular completion category, calculation and procedural documents. The statutory process preserves the purchaser's ability to seek court or arbitral remedies. A developer's demand should therefore be checked against the actual agreement and the applicable requirements.
Trace payments and understand escrow protection
Dubai Law No 8 of 2007 requires the relevant development payments to be deposited into a project escrow account. Article 9 dedicates that account to the project and protects its deposits against attachment by the developer's creditors. Article 12 permits depositors or their representatives to access their own accounting records and request copies.
Match each payment to the beneficiary account and its stated purpose. Distinguish the purchase price from reservation payments, registration charges and brokerage fees. A receipt issued by one business does not explain why another business received the money. Provide the bank transfer confirmation as well as the seller's receipt.
Escrow arrangements do not themselves establish when an individual buyer will receive money back. Article 15 addresses protective measures where a project is not completed. The recovery route still requires assessment of the project status, the applicable process and the available funds.
Record defects before discussing a remedy
Keep the inspection report, dated photographs, handover record and repair requests. Identify whether the issue affects your unit or common parts, whether it existed at delivery and whether repairs have changed the evidence. Describe the symptoms accurately and obtain suitable technical advice where the cause is disputed.
For jointly owned property, Article 40 of Dubai Law No 6 of 2019 provides distinct developer liabilities. Structural defects are subject to a ten year period starting with the project completion certificate. Specified defective installations carry a one year period from handover; if the owner refrains from taking possession, the statutory starting point is the completion certificate. These provisions do not eliminate other rights or warranties.
A liability period should not be treated as permission to delay reporting or commencing a claim. The legal team should identify the relevant cause of action, applicable time limit and defendant. Arrange urgent protective work where needed while documenting the condition and discussing how inspection evidence can be preserved.
Choose the forum before filing
Decree No 33 of 2020 gives the Special Tribunal for Unfinished and Cancelled Real Property Projects jurisdiction over specified project disputes, liquidation and related execution matters. Its scope excludes projects within the DIFC. It also addresses arbitration award proceedings involving disputes within its jurisdiction. Obtain the official project status and any referral or cancellation decision before selecting the filing route.
Disputes concerning rights and obligations under Dubai's jointly owned property law are separately assigned to the Rental Disputes Settlement Centre by Article 42. This does not make that Centre the forum for every property purchase dispute. The subject of the claim matters.
An arbitration clause also needs review. Where the federal Arbitration Law applies, Article 8 requires a defendant relying on arbitration to raise the objection before a request or defence on the merits, subject to the court's assessment of the agreement. Give the complete dispute clause to the adviser before responding to proceedings.
Prepare a proportionate claim or settlement
Ask your lawyer in Dubai to identify the legal basis of each requested remedy, the missing documents and the likely need for an expert. Separate professional fees from court or arbitration charges, translations, expert costs and enforcement expenses. A quotation should explain the work covered and how further instructions will be obtained.
Settlement terms should specify payments, completion obligations, registration steps and the treatment of existing claims. Check who has authority to sign and what happens if an instalment or agreed action is missed. Evaluate the practical ability to perform the settlement alongside the amount offered.
Frequently Asked Questions
1. Does delayed handover automatically entitle me to a refund?
No. The agreement, reasons for delay, notices and applicable law must be examined. A claim may seek performance, termination or compensation, but the legal requirements and available evidence determine which remedy can be pursued.
2. Can a developer keep every payment after terminating the agreement?
Do not accept that conclusion without reviewing the statutory category and calculation. The purchaser default rules link the available measures to procedural compliance and project completion. Different treatment applies in specified cases where work has not started or RERA has finally cancelled the project.
3. What should I bring to the first consultation?
Bring the SPA, registration records, payment evidence, notices, correspondence and inspection material. Tell the lawyer in Dubai about any existing case, settlement or upcoming deadline. A clear chronology helps identify urgent steps and avoid inconsistent positions.
4. How should I organise evidence of a delayed property handover?
Record the agreed completion date, extensions, construction updates, handover notices and your responses. Identify whether the difficulty concerns completion, access, utilities, registration or a condition imposed at handover. Keep the agreement and official project records alongside the chronology so the adviser can assess the particular obligation.
5. What should a payment schedule show in a property dispute?
List the date, amount, beneficiary account and stated purpose of each payment. Separate the purchase price from reservation sums, registration charges and brokerage fees. Attach bank confirmations and receipts, and identify payments through an intermediary or discrepancies with the seller’s account.
About the author
Dr. Hassan Elhais is a Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants in Dubai. He advises on UAE family, civil, commercial and criminal law matters.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE property law matters, including property matters, tenancy obligations and rental disputes. For readers researching rental dispute lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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