Where developers typically need counsel
The most expensive lesson in UAE real estate
Developers consistently underestimate RERA's escrow drawdown requirements until a master-developer payment deadline triggers a liquidity crisis. Structuring escrow correctly at registration — not at drawdown time — is the difference between a recoverable situation and a project freeze.
For practice-level detail see our Real Estate Disputes page — covering SPA enforcement, strata disputes, RERA procedures and developer-side claims in UAE courts
Questions developers ask us
What RERA obligations apply to off-plan developers in Dubai?
Off-plan developers in Dubai must register the project with RERA and obtain an off-plan sales permit before marketing. Proceeds from buyers must be deposited into a RERA-approved escrow account. Drawdowns are permitted only at specified construction milestones certified by an approved engineer. The escrow trustee disburses funds; the developer cannot access them freely. Failure to complete the project triggers refund obligations under Law 13/2008 and may expose the developer to Dubai Land Department (DLD) action. We advise developers on structuring escrow correctly at project launch and on defending against buyer-cancellation claims where the developer has met its statutory obligations.
How are SPA disputes between developers and buyers resolved?
Most UAE SPA disputes are resolved either before the RERA committee (for off-plan disputes in Dubai) or before the Dubai Courts or Abu Dhabi Courts (for completed-unit disputes). The Real Estate Regulatory Agency (RERA) Committee has jurisdiction over disputes arising from registered off-plan SPAs and can order refunds or grant developers extensions. Higher-value disputes — particularly those with international buyers or involving large sums — frequently go to DIFC Courts or ADGM Courts where the SPA includes an exclusive jurisdiction clause in favour of those forums. We act for developers in both settings.
What is a master developer agreement and what risks does it create?
A master developer agreement governs the relationship between a master developer (e.g., Dubai South, Emaar, TECOM) and a sub-developer purchasing a plot within a master community. The agreement typically imposes: construction commencement and completion deadlines, handover obligations, compliance with master community design guidelines, payment of service charges to the master developer, and restrictions on sale and transfer. Breach — including delay — entitles the master developer to levy penalties, withhold handover, or in extreme cases terminate and repossess the plot. We review and negotiate these agreements at acquisition stage and manage disputes with master developers.
How should a developer handle handover disputes with buyers?
Handover disputes typically arise from alleged defects, delayed handover, or disputes about snag lists. Under UAE law, a developer is liable for structural defects for 10 years from delivery (Civil Code Article 880) and for minor defects for 1 year. The practical steps are: (i) issue a formal handover notice, (ii) conduct a joint inspection and document the snag list in writing, (iii) give the buyer an opportunity to accept with the snag list, and (iv) where the buyer refuses, proceed with a competent-authority handover. For RERA-registered projects, the RERA Committee can order handover notwithstanding buyer refusal. We manage this process to minimise buyer leverage and preserve project cash flow.
Can a developer sue a buyer for refusing to complete?
Yes — a developer can sue a buyer who defaults on SPA payment obligations. The usual remedies are: (i) termination of the SPA under the contractual termination provisions (with retention of a percentage of the purchase price under Law 13/2008 / Law 19/2017 as forfeiture — typically 30–40% where the project is complete), or (ii) court/arbitration proceedings for specific performance or damages. Developers should document their own contractual compliance carefully before exercising termination rights, as courts will scrutinise whether the developer met its own obligations. We advise developers on the optimal enforcement strategy and minimum delay between breach and termination notice.
Last updated: 10 June 2026. General information only — not legal advice. Contact us for matter-specific advice.