Off-plan disputes
Bought off-plan? Something went wrong? Start here.
Guides
Eight dispute pages
Delayed handover
Your handover date passed. What happens now?
A delayed handover does not automatically mean that every purchaser is entitled to terminate the contract or receive compensation. What is available depends on the documents and the circumstances.
Refunds & termination
Want out of your off-plan purchase?
Whether a purchaser may terminate an off-plan purchase or recover payments already made can depend heavily on the project status, SPA, developer conduct, purchaser conduct and applicable legal framework.
Defects & quality
The property you received should match the property you bought.
Handover is the moment a purchaser finally sees what was built. When the finished unit contains significant defects, the question is what the contract required, what the evidence shows, and how remediation is obtained.
Material changes
The brochure showed one thing. The finished project shows another.
Layouts, sizes, finishes, views and amenities can all end up different from what was presented at the point of sale. Whether a particular change creates a claim is a narrower question.
Default & cancellation notices
Received a default or cancellation notice?
A purchaser accused of breaching payment obligations should understand the notice, the SPA, payment history, project progress and potential consequences before responding.
Stalled & cancelled projects
Construction stopped. Where does that leave your money?
A project that has slowed, stopped or entered a cancellation process puts a purchaser in a different position from one that is simply running late. Establishing which situation you are actually in is the first task.
Oqood, escrow & registration
The paper trail behind your purchase.
Registration of the off-plan transaction and the arrangements surrounding project payments are administrative until something goes wrong — at which point they become central.
SPA review
The developer is relying on a clause. Have it read independently.
When a developer explains why it is entitled to do what it has done, that explanation comes from a party with an interest in the answer. An independent reading of the same document is a reasonable next step.
All categories
Does this sound familiar?
Delayed handover
The contractual handover date has passed, potentially repeatedly, and the developer continues extending completion.
Stalled construction
Construction has slowed substantially or appears to have stopped.
Cancelled projects
The project has been cancelled or is moving through a cancellation or liquidation process.
Refund disputes
You want to exit the purchase but the developer refuses to return amounts paid.
Poor construction quality
The finished property contains significant defects, poor workmanship or construction quality below what was reasonably expected.
Material specification changes
Materials, finishes, layouts or other specifications differ materially from those presented or agreed when the property was purchased.
Reduced or changed unit size
The final property differs materially in size, configuration or usable space from what was sold.
Amenities not delivered
Pools, gyms, beaches, landscaping, clubhouses, retail facilities or other amenities marketed as part of the development were materially changed, delayed or never delivered.
View or location issues
The property’s represented orientation, outlook, surroundings or material characteristics differ from what was presented at the time of purchase.
Sales or marketing representations
Important representations made in brochures, presentations, communications or during the sales process appear inconsistent with what was ultimately delivered.
Payment and default disputes
The developer alleges that you are in default, threatens cancellation, demands additional payments or refuses to recognise your contractual position.
Handover payment disputes
The developer demands final payment or completion of handover even though significant contractual, construction or documentation issues remain unresolved.
Oqood or registration issues
There are questions or disputes concerning registration of the off-plan transaction or property.
Escrow concerns
Questions have arisen concerning payments, project progress, escrow arrangements or the financial status of the development.
Developer changes
The project, ownership structure, developer or development arrangements have materially changed during construction.
Post-handover defects
Serious defects appear shortly after handover and the purchaser is having difficulty obtaining proper remediation.
SPA interpretation
The developer relies on extension provisions, force majeure clauses, variation rights or other SPA provisions that the purchaser wants independently reviewed.
Multiple-unit / investor portfolio disputes
An investor has purchased several properties from the same developer or within the same project and has substantial capital exposed.