DLD's official document certifies that a defaulting purchaser's townhouse in Damac Lagoons is 78% complete. The developer wants to keep the agreement, retain all payments and claim the balance. Can it?
Article 11(a)(4)(a) of Law No. 13 of 2008, as replaced by Law No. 19 of 2017, gives the keep-the-contract, auction and terminate options only where completion exceeds 80%. A unit at 78% falls in paragraph (b), between 60% and 80%, which lets the developer only terminate and retain up to 40% of the unit value, refunding the excess. Keeping the contract and claiming the balance belongs to the above-80% tier, not to every unit above 60%; 25% is the below-60% tier, and the developer acts without recourse to courts. Source: Law No. (13) of 2008, Art. 11(a)(4)(a)-(b), as replaced by Law No. (19) of 2017 (in force 12 Oct 2026).
Giving a unit in the 60-80% tier the above-80% option of keeping the contract and claiming the balance.
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