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Pulling Out of a Resale Property SPA in the UAE: What Happens to Your Deposit and Your Deal

Secondary market property transactions in Dubai follow a different legal path from off-plan purchases. The MOU/Form F, the 10% deposit, the NOC, and the DLD transfer appointment each create obligations — and each can become a point of dispute if a party wants to exit. This article explains the mechanics, the consequences, and the options. ...

Pulling Back from an Off-Plan SPA in the UAE: What the Law Actually Says

Both buyers and developers sometimes seek to exit an off-plan sale and purchase agreement before completion. The legal consequences depend entirely on who is walking away, at what stage, and for what reason. This article explains the framework that governs those decisions under Dubai law and the UAE Civil Code.  Part 1 of 3 |...

Exiting a Commercial or DIFC/ADGM Property SPA: A Different Set of Rules

Commercial, DIFC, and ADGM property sale and purchase agreements operate under legal frameworks that differ fundamentally from each other and from the off-plan residential regime. The remedies available on exit, and the conditions that must be met to exercise them, depend entirely on which framework applies to the transaction. Part 2 of 3 | UAE SPA Exit...

March 26, 2026
Cross-Border Real Estate Investment by NRIs: Legal Structuring, FEMA Compliance, and Repatriation Risk  

“Smart property moves for NRIs: Stay compliant, stay secure”  The Foreign Exchange Management Act (FEMA) governs what Non-Resident Indians, Persons of Indian Origin (PIOs), and Overseas Citizens of India (OCIs) can purchase.   NRIs investing in Indian real estate must carefully structure transactions under FEMA rules to avoid penalties, ensure smooth repatriation of funds, and mitigate risks of blocked...

March 13, 2026
Resolving Real Estate Disputes in India: The Multi-Forum Framework of RERA, Consumer Law, and IBC

How India’s real estate dispute framework allows homebuyers to pursue remedies through RERA Authorities, Consumer Commissions, and insolvency proceedings before the NCLT. The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to address chronic issues in India’s real estate sector, including project delays, lack of transparency, and weak consumer protection. A key feature...

March 4, 2026
Project Finance, Lending Exposure, and Mortgage Risk in Rera-Registered Developments

Smart lending starts with RERA—balancing mortgage risk and opportunity  Real estate financing in India traditionally relied on balance sheet lending, often plagued by opacity and diversion of funds. The enactment of RERA introduced mandatory project registration, escrow mechanisms, and disclosure obligations, thereby reshaping the risk profile for lenders and homebuyers alike. Against this backdrop, the...

February 23, 2026
RERA Compliance Obligations and Governance Duties of Developers and Promoters

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to address chronic issues of delay, opacity, and buyer exploitation in India’s real estate sector. By imposing compliance obligations and governance duties on developers and promoters, RERA seeks to balance the interests of stakeholders and restore buyer confidence. Judicial interpretations have further clarified the scope of these obligations,...

February 17, 2026
Structuring Real Estate Transactions in India Under the RERA Framework

For developers, strict RERA compliance is a statutory obligation and a signal of credibility. For buyers, it provides enforceable rights and remedies that were previously elusive.   The RERA framework in India is designed to ensure that real estate transactions are structured transparently and fairly. The enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA) marked a watershed moment in India’s real estate sector. Designed to bring transparency, accountability, and consumer protection, RERA fundamentally reshaped how transactions are structured between...

February 13, 2026
Legal Due Diligence of RERA Projects for Banks, Funds and NRI Investors

Smart Investments begins with Strong Due Diligence – From Compliance to Confidence  Project Investigation under RERA refers to the scrutiny and compliance verification of real estate projects to ensure that, they adhere to the rules and regulations set by the RERA Act, 2016. This process involves evaluating project approvals, financial records, construction progress, legal compliance, and grievances...

February 9, 2026
RERA as a Regulatory Risk Framework for Institutional Real Estate Investment

From Compliance to Capital Protection: RERA’s Legal Impact on HNIs and Institutional Investors  Introduction – Context and Rationale The Real Estate (Regulation and Development) Act, 2016 (RERA) fundamentally altered India’s real estate investment landscape by introducing a rules-based regulatory regime focused on transparency, accountability and consumer protection.  Indian real estate has long presented a paradox. On one...

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