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Deposits & cash · Playbook · For buyers in United States

Booking deposit refund from a Dubai developer: a playbook for US investors

Booking deposit refund from a Dubai developer for US investors: why signing the SPA changes the route, how Oqood and escrow apply, and when IC3 fits.

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

Short answer

  • A booking deposit refund from a Dubai developer for US investors depends first on one fact: whether an SPA was signed and registered.
  • Before an SPA, a booking or reservation deposit runs on the developer's written terms; no official Dubai rule on pre-SPA deposit refunds was found.
  • After an SPA, the DLD says the contract must be registered in the Oqood interim register within 90 days of signing, and buyer payments go to the project escrow account.
  • If a signed buyer withdraws, Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, caps what the developer may keep at 25% or 40% of the unit value, by whole-project completion.

In Dubai, a deposit paid before a contract and one paid under a registered SPA follow different rules.

Booking deposit refund from a Dubai developer: the route for US investors

First establish whether you signed an SPA (sale and purchase agreement). Without one, the reservation terms govern; with one, the SPA and Dubai law do.

Before and after the SPA in Dubai
Before SPAAfter SPA
What governs itReservation form and developer termsSPA plus Dubai law
RegistrationNoneOqood within 90 days of signing (DLD)
Where money should goNot confirmed for pre-SPA depositsProject escrow account (DLD FAQ)
If you withdrawDeveloper's termsArticle 11 tiers by project completion
  1. Pin down your stage

    Signed SPA or not?
  2. Check registration

    Do you hold an Oqood e-certificate?
  3. Trace the payment

    Escrow account or other?
  4. Request the refund in writing

    Cite the clause and a deadline.
  5. Escalate or report

    DLD, lawyer, or IC3 if fraud.

Step 1: Work out whether a contract exists

Look for a signed SPA, not just a reservation form. Under Dubai Law No. 13 of 2008, Article 10, a contract signed before project approval is null and void.

…refused to return the deposit on the grounds that the deposit is not refundable…
a would-be buyer writing to Gulf News' Ask the Law · Gulf News, Dec 2023

Step 2: Check whether the sale was registered in Oqood

Oqood is the DLD's system for the Interim Property Register. The DLD says the signed SPA "shall be registered in the provisional register within 90 days from the date of signing," and the buyer receives a provisional registration e-certificate by email.

If a developer refuses or delays registration, the DLD FAQ says you can apply to the DLD's Real Estate Registration Assurance section.

Step 3: Trace where the reservation fee went

Check the beneficiary on your wire. Escrow is where the DLD says off-plan buyer money goes; a reservation fee paid before any SPA is a gray area that no official source settles. If it went elsewhere, see paid outside escrow.

Step 4: Request the refund in writing with the right rule attached

Before an SPA, quote the reservation terms. After an SPA, the position depends on why you are asking. If RERA cancels the project, or work has not started for reasons outside the developer's control, Article 11 of Law No. 13 of 2008, as amended by Law No. 19 of 2020, requires a refund of all payments.

If you, the buyer, stop paying under a signed SPA, the same article lets the developer, after DLD notice and 30 days, terminate and keep up to 25% of the unit value where the whole project is under 60% complete, or up to 40% from 60%.

Example: on a hypothetical AED 1,000,000 unit (about $272,000) below 60% project completion, up to AED 250,000 may be kept.

Step 5: Escalate in Dubai, and report in the US if it looks like fraud

The DLD may try an amicable settlement, but the DLD FAQ says termination claims go to the real estate court; arbitration applies if your SPA has a clause. See our dispute route map for US investors.

Fraud is a separate track. The FTC says to contact your bank immediately and ask it to reverse a transfer, and to report at ReportFraud.ftc.gov. An IC3 complaint at ic3.gov goes to the FBI.

Oqood deadline
90 days
From signing the SPA
Source: DLD
Max kept, below 60%
Up to 25%
Source: Article 11
Max kept, 60% and over
Up to 40%
Source: Article 11

If your payment was an EOI rather than a booking deposit, see EOI refunds for US buyers. For more, read the global booking deposit guide, the US hub for off-plan problems, or look up the developer's registry record.

Booking deposit questions from US buyers

Is a reservation fee refund in Dubai possible for US buyers?
A reservation fee refund in Dubai depends on whether an SPA was signed. Before an SPA, the developer's written reservation terms govern, and no official Dubai refund rule was found. After an SPA, Dubai law applies: a full refund if RERA cancels the project, and capped deductions under Article 11 if the buyer withdraws.
What if my booking amount is not refunded in Dubai and I am in the US?
If a booking amount is not refunded in Dubai, send a dated written request quoting the clause, then ask the DLD for an amicable settlement or instruct a UAE lawyer through the State Department's attorney list. If fraud is suspected, report to the FBI's IC3 and the FTC and ask your bank for a recall.
How long does a Dubai developer have to register my SPA?
The Dubai Land Department says a signed SPA for an off-plan unit must be registered in the provisional register, known as Oqood, within 90 days of signing. The buyer then receives a provisional registration e-certificate by email. If registration is refused or delayed, the DLD FAQ points buyers to its Real Estate Registration Assurance section.
How much can a Dubai developer keep if I withdraw after signing?
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 under 60% complete, or up to 40% from 60%. If work never started or RERA cancels the project, all payments must be refunded.

Sources

  1. Register the initial sale (DLD)
  2. DLD FAQ
  3. Dubai Law No. 19 of 2020 amending Law No. 13 of 2008
  4. What to do if you were scammed (FTC)
  5. FBI Internet Crime Complaint Center (IC3)
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

Bring the registry record to the conversation.

Before you write to the developer, the DLD or a lawyer, get the project's public record in one place. HomeProof checks up to 80 parameters against official and open sources. It is not legal advice, and it doesn't take sides.

  • Registration, escrow and dates from public records
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