A Lawyer's Checklist for real estate agents selling off-plan properties

Before you market the project

• The developer is licensed and registered with the Dubai Land Department

  Verify that the developer is properly licensed and registered with the DLD.
  How developers are regulated in the UAE

• The project itself is approved and registered

  Confirm that the specific off-plan project is approved and registered before marketing or facilitating sales.
  What a developer must register before selling

• Advertising permits are in place

  Confirm that the required permits and authorisations are in place before advertising or promoting the property.
  Advertising and cold-calling rules for real estate

Money and construction

• The escrow account is the DLD-approved one

  Verify the project's official DLD-approved escrow account before sharing payment instructions with buyers.
  Escrow account rules for off-plan projects

• All payments go to escrow, nowhere else

  Direct booking fees, deposits and instalments to the project's official escrow account only.
  Why payments outside escrow put buyers at risk

• You understand the payment plan you are presenting

  Know whether payments correspond with construction milestones before you explain the plan to a buyer.
  How payment schedules should track construction milestones

• Construction status matches DLD records

  Check the project's official construction status and anticipated completion date against DLD records.
  Listen: buying an off-plan property in Dubai

Representations to buyers

• Every key representation matches the documents

  Handover, views, layouts, specifications, amenities and permitted use must be consistent with the official and contractual documents.
  When promised amenities never materialise

• No verbal promises or guarantees

  Avoid making promises, guarantees or representations that cannot be supported by the documentation.
  Common legal mistakes in Dubai real estate transactions

• Booking and reservation forms are treated as contracts

  Do not dismiss them as "just paperwork". Encourage buyers to review them carefully before signing.
  What a buyer risks by signing and then exiting

Unsure whether a representation is supported by the documents? Book a consultation before the buyer signs.

The sale and purchase agreement

• You know the key commercial terms of the SPA

  Understand them well enough to present them, and refer buyers for independent legal advice on legal rights or contractual interpretation.
  Arrange an SPA review for your client

• Differences between the pitch, the booking form and the SPA are not brushed off as "standard"

  Material differences between sales representations, booking documents and the SPA are exactly what buyers later dispute.
  Investor rights and legal protections in the UAE

Records and escalation

• Your file is complete

  Keep clear records of communications, brochures, payment instructions, representations and transaction documents.
  Which records matter if a dispute arises

• When something does not match, you pause, verify and escalate

  If something does not match the official records or contractual documents, do not assume.