Off-plan property in Dubai: rights of buyers and developers when a project goes wrong
Registration, escrow, payment default and delayed handover: the Dubai rules that shape disputes between off-plan buyers and developers.
Practices
Disputes between buyers and real estate developers, and disputes over sale, ownership, handover, termination, refunds and brokerage.
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Scope of practice
Every stage of the case
Our litigation services follow every stage of the case and the avenues of challenge available (including appeal and cassation) through to enforcement, according to the nature of each matter.
Legal considerations
Real estate in the UAE is regulated largely at emirate level. In Dubai, off-plan sales, escrow accounts and registration are governed by specific local laws administered by the Dubai Land Department; Ajman has its own regulator and rules.
Registration matters. In Dubai, off-plan sales must be recorded in the interim real property register. Whether a sale was properly registered can affect its enforceability and the remedies available.
Escrow protection. Buyer payments for off-plan units in Dubai must be deposited in a project escrow account and used for that project. Where a project is cancelled, refund arrangements follow the escrow framework.
When the buyer defaults. If a buyer fails to pay, the developer must follow a procedure through the Dubai Land Department before terminating, and the amount it may retain depends on how far the project has progressed.
When the developer delays. Delayed handover, changes to specifications and failure to complete can give the buyer grounds for termination, refund or compensation, depending on the contract and the evidence of delay.
Keep the sale and purchase agreement, the payment receipts, the registration certificate and all correspondence on handover dates. These documents determine which remedies are realistic.
Legal framework
Dubai Law No. 7 of 2006 concerning Real Property Registration
Dubai Law No. 8 of 2007 concerning Escrow Accounts for Real Estate Development
Dubai Law No. 13 of 2008 regulating the Interim Real Property Register, as amended (including Law No. 19 of 2017)
Ajman: Ajman Real Estate Regulatory Agency framework and Ajman Law No. 1 of 2025 on real estate contributions
Federal Decree-Law No. 25 of 2025 (Civil Transactions Law): sale and contractual liability
The rules differ between Dubai, Ajman and the other emirates, and between off-plan and completed property. Retention percentages and procedures should be confirmed against the current text for the specific project.
The client's interest is placed ahead of the firm's interest in taking on a case.
We advise on the most suitable course, even when that means settlement, or taking no legal action at all.
Clients are kept informed of developments in their case and of what happens at each hearing.
Integrity sits at the front of our work, alongside professionalism and expertise.
Who handles your matter
The team works as one integrated unit across all matters, ensuring coordinated legal support and consistent representation at every stage of each matter.
Send your inquiry or request a consultation. A member of the firm's team will contact you to arrange an appointment.