If a developer delays the handover of your Dubai property as per the sale agreement, you may be entitled to compensation. This compensation can be claimed as outlined in the Sale and Purchase Agreement (SPA) or through a court decision. The SPA is governed by the UAE Civil Transactions Law, specifically Article 246, which mandates the contract’s implementation in good faith. Should the developer fail to complete the project on time, as per Article 15 of Executive Resolution No. 6 of 2010, you may be eligible for a refund within a specified time frame.
If disputes arise, you can initially approach the Dubai Land Department (DLD) to seek an amicable settlement. If a resolution isn’t reached, you may file a civil case in a Dubai court. The developer may claim delays due to force majeure, as per Article 21 of Executive Council Resolution No. 6 of 2010. If the developer fails to refund the amount within the stipulated period, the Real Estate Regulatory Authority (RERA) can refer the matter to the judicial authorities as per Article 27.
In summary, if the developer delays the handover, you may seek compensation through DLD or the courts, provided no force majeure circumstances apply.
