What Happens When a Buyer or Seller Breaches an SPA in Dubai?

Has your buyer or seller defaulted on a property deal? Understand legal remedies for breach of contract, specific performance, and deposit forfeiture.

Published: 21 October 2026

Introduction

A signed Sales and Purchase Agreement (SPA) or Form F is legally enforceable. When either party reneges on their obligations, UAE law provides clear remedies.

Common Contractual Breaches

  • Buyer Defaults: Failure to secure mortgage funding within stipulated timeframes or missed installment deadlines.
  • Seller Defaults: Refusal to complete transfer due to rising market prices, or failure to clear existing mortgages.

Legal Remedies Available

1. Enforcing Specific Performance: Forcing the defaulting seller to proceed with the transfer through a Dubai Court order.

2. Liquidated Damages: Enforcing the 10% security deposit forfeiture clause stipulated in standard contracts.

3. Compensatory Damages: Suing for direct financial losses caused by the counterparty's breach.

The Mandatory Legal Notice to Cure

Before initiating litigation, the non-breaching party must serve a formal legal notice granting a statutory cure period.

Speak to a Dubai real estate lawyer today

Call +971 50 423 1108 or email info@kadenboriss.com. Our Dubai office is at Latifa Tower, Sheikh Zayed Road.

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