Can I get a refund from a Dubai property developer?
The most common question purchasers ask, and the one with the least useful general answer. What can be done is to identify what determines the answer in your case.
Why there is no general answer
Two purchasers in the same project, with the same complaint, can be in materially different positions. What separates them is usually some combination of what they signed, how much they have paid, what stage the project has reached, and how each has behaved since the problem began.
What the analysis turns on
The file is built from the contract, the money and the project’s actual status.
The SPA, including its termination, default and refund provisions
Amounts paid and the stage of the payment plan reached
Construction progress and the registered status of the project
Developer performance and communications
The purchaser’s own payment history and conduct
The legal basis on which recovery would be sought
Applicable law and the appropriate procedure
Exit and recovery are separate questions
Purchasers tend to treat “can I cancel” and “can I get my money back” as one question. In practice a route out of a contract does not automatically determine the treatment of sums already paid, and the two are frequently negotiated together.
A negotiated recovery is still a recovery
Some matters resolve commercially: a substitution to another unit, a revised plan, a partial recovery, a release. Whether that is attractive depends on your objective and on what the realistic alternative looks like once cost and time are priced in.
What weakens a recovery position
Signing documents without review. Allowing arrears to build while a complaint is outstanding. Losing the marketing material that recorded what was promised. Sending correspondence that concedes points unnecessarily. Waiting.
If you already purchased an off-plan property and are experiencing this issue, submit your SPA to Off Plan Resolve for a case assessment.