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Deposits & cash · Checklist & timeline · For buyers in Canada

Booking deposit refund from a Dubai developer: what Canadian buyers can check and claim

Booking deposit refund from a Dubai developer for Canadian buyers: before vs after the SPA, escrow, Oqood, and the Canadian routes if the money stays put.

By HomeProof Research TeamUpdated 5 min readDubai law · every fact with a source

Short answer

  • For Canadian buyers, a booking deposit refund from a Dubai developer turns on one question: was an SPA signed and registered?
  • Before the SPA, the developer's booking terms govern the refund; no official Dubai rule on reservation fees was found.
  • After the SPA, off-plan payments belong in the project escrow account, and the SPA must be registered in the interim register within 90 days of signing.
  • If the buyer walks away after the SPA, Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, sets how much the developer may keep.
  • Canadian banks have no duty to refund a wire you authorized; report suspected fraud to the Canadian Anti-Fraud Centre.

Booking deposit refund from a Dubai developer: where do Canadian buyers stand?

Until an SPA (sale and purchase agreement) is signed and registered, your booking form decides; afterwards, Dubai's off-plan laws take over. A booking or reservation deposit is the payment that holds a specific unit, usually after any EOI and before or at signing.

How the rules shift as a booking progresses

Reservation
You pay to hold a unitbooking form terms apply
SPA signed
Off-plan payments go to the project escrow accountLaw No. 8 of 2007
Within 90 days
Developer registers the SPA in the interim registerDLD initial sale service
Registered
You receive a provisional registration e-certificate by email
If you default later
Article 11 sets what the developer may keep

Reservation fee refund in Dubai from Canada: before the SPA

Pre-SPA, the booking form and the developer's written promises govern any refund. Two provisions of Law No. 13 of 2008 still matter: an off-plan sale is void unless entered in the interim register (Art. 3(1)), and a contract signed before the project is approved is null (Art. 10).

Phase 1: reconstruct the booking

He offered to return my money in instalments paid in post-dated cheques…
a buyer whose project never started, writing to Gulf News · Gulf News, Nov 2018

If a refund is offered as post-dated cheques, note that Canada's UAE travel advice warns bounced cheques can bring fines or jail in the UAE. Get any refund schedule in writing before accepting cheques.

Booking amount not refunded? Dubai rules for Canada investors after the SPA

After a registered SPA, the booking amount is part of the price, and walking away follows Article 11, which ties the developer's retention to whole-project progress.

Article 11 after a buyer default (Law No. 19 of 2020)
Whole-project completionDeveloper may keep
Work not started (reasons beyond the developer), or RERA cancels the projectNothing: full refund
Started, below 60%Up to 25% of the unit value
60% to 80%Up to 40% of the unit value
Above 80%Up to 40%, or keep the contract, or auction via the DLD

Anything above the retention comes back within a year of termination, or within 60 days if the unit is resold sooner.

Phase 2: write the refund request

What can buyers in Canada do from home?

No Canadian body can order a Dubai refund, but several matter if the deposit went astray.

Phase 3: keep the clock in view

Paid an EOI instead? See getting an EOI refund. Also: when a payment missed escrow, every way to cancel an off-plan contract, the global booking deposit guide and the Canadian buyers' hub. First, check the project's escrow and registration facts.

Is a booking deposit refundable in Dubai before the SPA?
A Dubai booking deposit paid before the SPA is governed by the developer's booking terms, because no official Dubai rule on reservation fees was found. Read the cancellation and refund clauses on your booking form. Also check whether the project is registered with an escrow account, since off-plan sales must be registered with the DLD to be valid.
What if my SPA was never registered with the DLD?
Under Law No. 13 of 2008, an off-plan sale is void unless entered in the interim register, and the DLD says the SPA should be registered within 90 days of signing. MIO Law Firm notes a buyer may seek an order to register, a fee refund, damages or, where justified, cancellation. Non-registration does not automatically end the contract.
How much can a Dubai developer keep if I cancel after the SPA?
Under Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, a Dubai developer may keep up to 25% of the unit value if the whole project is below 60% complete, and up to 40% from 60%. If work has not started for reasons beyond its control, or RERA cancels the project, everything must be refunded.
Can my Canadian bank reverse a booking deposit wire?
A Canadian bank can ask the receiving bank to recall a wire, but a recall needs the recipient bank's cooperation and can take weeks. Canada has no national scheme that refunds transfers you authorized, even under deception. If you suspect fraud, contact your bank immediately and report to the Canadian Anti-Fraud Centre and local police.

Sources

  1. Request to register the initial sale (Dubai Land Department)
  2. Law No. 13 of 2008 on the Interim Real Property Register (Dubai Legislation Portal)
  3. Law No. 19 of 2020 amending Law No. 13 of 2008 (Dubai Legislation Portal)
  4. DLD frequently asked questions
  5. Travel advice: United Arab Emirates (Government of Canada)
  6. Canadian Anti-Fraud Centre: report fraud
HomeProof Research TeamFacts from Dubai law and official registries. HomeProof sells no property and takes no commission. About HomeProof

This guide is general information, not legal advice. Laws and procedures change; check the official source before acting. Published 12 October 2026, last updated 12 October 2026.

Facts before you escalate

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