Missing an instalment on an off-plan property in Dubai does not mean the developer can immediately take the unit away. However, the situation should not be ignored: the outcome depends on the SPA, construction progress, and how early the buyer acts.
Here is what to do when the next property payment is approaching and the required funds are not available.
1. Contact the developer before the due date
If payment is due in a month and you already know you cannot cover it, contact the developer first instead of waiting for a formal notice.
You can ask for:
- a revised payment date;
- an individual payment schedule;
- the instalment to be divided into smaller payments;
- a temporary restructuring arrangement.
A developer is not automatically required to approve an extension. The decision depends on the SPA and the developer's policy, so obtain every arrangement in writing.
2. Do not ignore correspondence and notices
Stay in contact and reply to official communication. If you can pay part of the amount, discuss a partial payment and document the agreed terms.
A partial payment does not by itself cure the breach, but it can demonstrate your intention to meet the obligation and strengthen your negotiating position.
3. Consider selling the property
If additional time will still not be enough, assess a resale as early as possible.
Check whether:
- the SPA permits an assignment or resale;
- the required percentage of the price has been paid;
- the developer requires an NOC;
- transfer or administration fees apply;
- there is genuine demand for the project;
- the expected selling price is realistic.
The earlier the property reaches the market, the more time remains to find a buyer and complete the transfer. Selling at cost or with a limited discount can be preferable to contract termination and the loss of a substantial part of the invested funds.
How to reduce the risk before buying
Before signing an SPA, assess the entire payment schedule, not just the booking amount or first instalment. Include possible income delays, transaction costs, and a reserve for unforeseen circumstances.
The payment plan should match your real cash flow. Relying only on future price growth or a quick resale is risky.
Official source: Dubai Law No. 19 of 2017, Article 11.
This material is for general information and is not legal advice. The outcome depends on the specific SPA and circumstances. Seek advice from a Dubai real estate lawyer if you have received a formal notice.