Getting your EOI or deposit back in Dubai: before the SPA, after the SPA and on a Form F resale

Information current to October 2026: whether you can recover an EOI, booking amount or deposit in Dubai depends first on the document you signed and the stage of the transaction. Before an SPA, Dubai has no separate EOI refund law or statutory cooling-off period, so “fully refundable”, the refund deadline and any administration fee must be written in the booking form or receipt. After an off-plan SPA, Law 19/2017 allows retention of up to 25%, 30% or 40% only in defined circumstances and after the DLD notice process; on a Form F resale, a 10% deposit is market practice rather than a statutory rule.

Three payments that are often called a “deposit”

A buyer may pay money at three very different points: an EOI or booking amount before signing the Sale and Purchase Agreement (SPA); instalments after the SPA for an off-plan unit; or a deposit under Form F for a ready-property resale. The word “deposit” does not give all three payments the same legal treatment.

This distinction matters if you are asked to pay quickly, particularly before you have received the full contract. A payment made before the SPA is not automatically protected by the rules that apply after an off-plan sale agreement is signed. A cheque handed to a broker for a resale is also not the same as a payment into a project escrow account.

Dubai’s 2026 market is in correction: there are fewer transactions, the median price is lower, and rents have declined in some areas. That does not change the refund rules. It does make it sensible to assess the exit terms before paying, rather than assuming another buyer will easily replace you.

A broker can explain the transaction process, assist with documents and use DLD transaction data to help assess an object. A broker does not accept client money, exchange money, open accounts, issue loans or provide legal or tax conclusions. Where the wording of a signed document is disputed, a UAE-qualified lawyer should review it; mortgage conditions should be checked with the lender.

1. EOI and booking payment before the SPA

EOI means expression of interest. It is commonly used for a preliminary payment before a launch, before allocation of a particular unit, or before the SPA is ready. It does not itself create registered ownership and is not the same as Oqood, the interim registration of an off-plan sale contract.

There is no identified separate DLD or RERA rule in Dubai that says every EOI must be refunded. There is also no identified statutory cooling-off period for a Dubai property purchase. If you pay and change your mind before the SPA, the practical answer is in the EOI receipt, booking form and correspondence accepted by both sides.

Do not rely on a verbal statement that the amount is refundable. Ask for the written form before payment and look for the exact words “fully refundable”, the event that triggers the refund, the stated deadline and whether an administrative charge may be deducted. If the unit is not allocated, the project launch is postponed or cancelled, or the seller proposes a materially different unit or price, the wording of the form remains central.

What to ask before paying an EOI

• Is this an EOI, a reservation, a booking amount, or the first instalment under an SPA?
• Which unit, price, floor plan and payment schedule does the receipt identify?
• Does the form state that the payment is “fully refundable”? In what situations?
• What is the contractual refund deadline and can any administration fee be deducted?
• Who receives the money, and does the receipt show the legal entity receiving it?
• What happens if the launch does not occur, the unit is unavailable, or the SPA is not supplied?
• Can you receive the SPA and all annexes before the booking deadline expires?

If the form says that the payment is non-refundable, or does not address refunds, do not treat the payment as protected merely because it is called an EOI. Refund times vary in practice, so none should be assumed. The only reliable deadline is the one written in your documents or later agreed in writing.

Law No. 8 of 2007 regulates escrow accounts for off-plan development. Articles 6 and 7 require a developer selling off-plan units to apply to open a project escrow account, and purchaser payments are deposited into an account opened in the project’s name. Article 9 says those funds are dedicated to that project and cannot be attached for the developer’s creditors. This is why buyers should understand how to pay a developer through escrow once payments under the sale process are due.

That law does not state that every pre-SPA EOI must sit in escrow or that escrow status guarantees an EOI refund. Be cautious with any statement that “EOI is always protected by DLD escrow.” The legal position depends on whether there is an off-plan sale and on the documents and payment route used.

Before paying, check the developer and the broker’s status and project details through the available records. Our guide on how to verify a developer and agent in Dubai explains what can be checked before money changes hands. A broker should not ask you to send a booking amount to the broker’s own account as a substitute for the approved project payment route.

If the SPA never arrives

A buyer who has paid an EOI or even an amount described as 10% but has received no SPA should preserve the receipt, booking form, payment proof, allocation message and all written promises. Ask in writing for either the SPA by the stated date or the refund under the booking terms. Do not assume that the statutory retention percentages for a signed SPA apply at this earlier stage.

If no settlement is reached, the dispute may concern contract formation and the wording of the receipt. DLD can receive complaints about real-estate companies, but contractual disputes are generally a matter for the competent court. A lawyer can assess the particular document; the broker cannot decide whether a deduction is legally enforceable.

2. After the SPA and Oqood registration

The position changes after an off-plan SPA is signed. Oqood is the common name used for the interim real property registration system for off-plan contracts and related legal dispositions before transfer to the final real property register. Read about Oqood registration for off-plan property in Dubai before treating a booking document as equivalent to a registered sale contract.

For purchaser default after an off-plan sale agreement, Article 11 of Law No. 13 of 2008 as amended by Law No. 19 of 2017 sets a regulated process. The developer must notify DLD. DLD gives the purchaser 30 days’ written notice to perform the contractual obligation and may seek to mediate a settlement. A developer cannot simply label an ordinary pre-SPA booking fee as a statutory 25% or 40% retention.

The applicable maximum depends on construction progress and the legal conditions for termination. The percentages below are ceilings, not automatic charges, and are calculated in different ways depending on the category.

• Where the project is at least 60% complete, the developer may terminate and retain up to 40% of the unit price.
• Where construction has started but completion is below 60%, the maximum retention is 25% of the unit price.
• Where implementation has not started for reasons beyond the developer’s control, the maximum is 30% of amounts paid by the purchaser.
• Where completion exceeds 80%, the law provides further options, including retaining payments and seeking sale by public auction, or termination with a maximum retention of 40% of the unit price.

Construction progress is not simply a marketing claim.

If the amount already paid exceeds the amount lawfully retained, the excess must be refunded no later than one year after termination or within 60 days after resale of the unit, whichever comes first. Where work has not started for reasons beyond the developer’s control, the relevant stated period is 60 days from termination.

For a closer explanation of the thresholds and procedure, see how much a developer may retain when an SPA is terminated. The article is relevant after the SPA; it is not a rule for a launch EOI or a booking receipt.

Where the project is cancelled

If RERA cancels a project by a reasoned decision, Article 11 of Law No. 13 of 2008 as amended by Law No. 19 of 2017 provides for return of all payments in accordance with Law No. 8 of 2007. Under the implementing regulations, as reported by legal commentary, the refund period on RERA project cancellation is 60 days.

Law No. 8 of 2007 also requires the escrow agent to retain 5% of the total escrow account value after the completion certificate, released one year after units are registered in purchasers’ names. That is a project-completion safeguard. It is not an individual promise that an EOI payment will be returned on demand.

3. Form F resale: the 10% deposit and its limits

A resale transaction is normally documented through Form F, the DLD sale contract between seller and buyer. It records the principal agreed terms, including the parties, property, price and completion arrangements. The commonly requested 10% deposit is market practice, not a legal percentage prescribed for every Dubai resale.

A 10% figure can therefore be negotiated, as can the conditions for releasing it. Never assume that “everyone pays 10%” answers whether you lose it if financing fails, the seller cannot complete, an NOC is delayed, or a required document is missing.

The resale deposit is normally a manager’s cheque held by the broker as a stakeholder or trustee until completion. It is not the project escrow mechanism governed by Law No. 8 of 2007. A DLD sample contract is reported to provide that the cheque is held in trust and cannot be encashed without the joint written instruction of buyer and seller. The exact handling method may differ in practice, so confirm the signed Form F wording and obtain a copy of the cheque record.

Do not transfer a resale deposit to a broker’s company account because somebody says that is easier while you are abroad. The agreed Form F process, the payee, the physical custody of the cheque and the release conditions should be documented before the payment is made. A broker involved in your purchase should not receive or retain your funds as its own money.

Buyer default, seller default and mortgage refusal

If a buyer withdraws without a contractual basis, the seller may claim the deposit as agreed liquidated damages after notice of default, an opportunity to remedy where required, and termination under the contract. It is not automatically released merely because the completion date has passed.

If the seller refuses to complete, the buyer’s deposit should be returned. Many Form F versions also provide for compensation equal to the deposit, but the amount depends on the particular signed version and clauses. Read the executed agreement, not an online sample.

A mortgage refusal can put the deposit at risk if Form F contains no financing condition. A mortgage clause should state what approval is required, the deadline, the evidence of a genuine application and the consequence of refusal. The lender decides credit approval; neither the broker nor DLD can promise it. Without a suitable clause, a buyer may not have a guaranteed right to a refund merely because the bank declined financing.

One Dubai court case reported in August 2026 involved a 20% deposit, not the usual 10% market figure. The court awarded 80% of that deposit to the sellers and 20% under the agreed contractual allocation to the brokerage company. It is an example of a result driven by the specific contract, not a universal rule for every buyer who changes their mind.

For an off-plan resale, an NOC may be needed before the transfer. DLD states that resale of an off-plan property is possible after obtaining the developer’s NOC. Read what an NOC is and how it is obtained before setting a completion date that assumes it will be immediate.

Completion of a resale takes place at a Real Estate Registration Trustee office. The DLD transfer fee is commonly described as 4% plus AED 580, while trustee-office charges are commonly described as AED 2,100 below AED 500,000 and AED 4,200 above that amount; current tariffs should be checked before signing. Use the Dubai property purchase fees calculator to estimate the transaction costs separately from the deposit.

On completion day, follow the documented payment sequence at the trustee office. Our guide to paying for a resale through a trustee office explains why the deposit, transfer payments and release of documents should not be treated as one informal transfer.

What to do if a refund is delayed or refused

Start with the document you signed. For an EOI, locate the refund clause, the deadline, the named payee and any administration-fee wording. For an SPA, identify the instalments paid, any DLD notice, the stated construction stage and termination notice. For Form F, review the signed special conditions, deposit clause, mortgage clause and default notice procedure.

• Make a written request for the refund or for the document promised to you, attaching payment evidence.
• Ask for the factual reason for any proposed deduction and the clause relied upon.
• Keep communication in writing and retain receipts, emails, messages, cheque copies and signed forms.
• For an off-plan SPA issue, ask whether DLD notification and the 30-day process under Law 19/2017 have occurred.
• For a Form F dispute, do not authorise release of the deposit cheque unless the written settlement reflects what both parties agreed.

DLD complaints can be submitted through Dubai REST or DLD channels, and the contact centre is 800 4488. According to legal commentary on the implementing regulations, DLD may attempt conciliation, and a settlement approved in writing is binding on the parties.

DLD’s complaint channel generally does not determine contractual disputes between a customer and a company. If the issue is the interpretation of an EOI, SPA or Form F, or one party contests termination and damages, the competent court may be required. A lawyer can advise on the forum, evidence and wording; this page describes the process only.

Comparison: what was paid, what regulates it, what may be returned

See also: EOI and pre-launch booking: how the best units are allocated · buying at launch: prices in 74 projects by DLD data.

Frequently asked questions

Is a booking fee refundable in Dubai if I do not get the unit?

It depends on the booking form or EOI receipt. Ask for written wording that the payment is fully refundable if allocation does not happen and for the stated refund deadline.

Can I change my mind after paying an EOI?

You can ask for a refund, but Dubai has no identified statutory cooling-off period for this payment. Before the SPA, the document you accepted determines the position.

How much can a developer retain after an SPA?

Under Law 19/2017, after the DLD notice process, the maximum may be 40% of the unit price at 60% or more completion, 25% below 60% after work has started, or 30% of amounts paid where work has not started for reasons beyond the developer’s control.

Do I lose the 10% Form F deposit if my bank refuses the mortgage?

Possibly, if Form F has no effective financing condition. A mortgage refusal does not automatically guarantee a refund; the signed clause and evidence of the application matter.

Who holds the resale deposit cheque?

It is commonly held by the broker as a trustee or stakeholder, not paid to the seller immediately. Confirm the payee, custody and release instructions in the signed Form F.

What if a developer delays an EOI refund?

Send a written demand referring to the booking form and payment receipt, then preserve all evidence. DLD can receive a complaint, but a dispute over contractual repayment may need to go to court.

Where can I complain about an EOI, SPA or Form F dispute?

Use Dubai REST, DLD channels or call 800 4488 for the process and a company complaint. DLD does not generally decide private contractual disputes; those may require the competent court.

Before you pay

Do not pay because a salesperson says the unit will disappear unless the document identifies what happens if it does. Match every payment to a signed document, named recipient, stated purpose and written refund mechanism. The most expensive mistake is often treating an EOI, an SPA instalment and a Form F deposit as interchangeable.

For related practical checks, read 12 mistakes buyers make when purchasing an apartment in Dubai.

Discuss a purchase in Dubai

If you are considering a purchase, arrange a free consultation to go through the property, the transaction steps and the documents.