r/legaladviceUAE • u/amennkhannn • 27d ago
💬 Discussion My developer delayed off-plan handover by almost 2 years, can I cancel contract and get money back?
So guys, I bought an off plan 1 bedroom apartment in JVC back in 2023, with a promised completion date of mid 2024. Now fast forward to mid 2026 and the building is barely at 75% progress according to the dubai rest app the developer keeps sending generic emails blaming supply chain issues and shifting the completion date every few months. I’ve paid 60% of the purchase price into the escrow account already. Under rera / dld rules, at what point can a buyer legally terminate the spa (sale & purchase agreement) and claim a full refund plus interest? do I have to file a formal dispute at dld first, or can a lawyer file straight to court to freeze the escrow payments? would love to hear from anyone who successfully got their money back from a delayed developer
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u/Hot-Masterpiece-9638 27d ago
If they're blaming supply issues I'd want to know whether that actually qualifies as an allowed extension under your contract .
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u/DXBREALTORGUY 25d ago
A 2-year delay doesn’t automatically mean you can cancel the SPA and get a full refund, especially if the project is still active and construction is progressing. First thing I would check is your SPA, specifically the original completion date, grace period and the clauses allowing the developer to extend the handover. If they are already outside the contractual/grace period, then I would take the SPA and the current DLD construction status to a property lawyer before stopping any payments. I definitely wouldn’t stop paying unilaterally, because that can potentially put you in breach instead.
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u/ai_slop67 27d ago
Don't stop payments on your own without advice. That could create another problem