The Three Situations That Come Up Most Often
The buyer’s funding collapsed and they want their deposit back. A buyer handed over 10% - sometimes a very significant sum - and now their backing has fallen through. The seller wants to retain the deposit. Whether the buyer has any basis to recover it depends on the SPA terms, what each party has done, and how the exit is handled. There is no universal answer.
The off-plan developer has fallen significantly behind. Buyers waiting for off-plan handovers have options available under the RERA framework when developers fail to deliver - but those options are not identical for every buyer, and they tend to narrow as projects progress. Understanding where a specific project stands matters.
One party wants to exit and is looking for a basis. Sometimes a buyer or seller simply wants to walk away. Whether there’s a legitimate contractual basis for that, or whether a negotiated exit is the more practical path, depends entirely on the specific facts and documentation. This is rarely as simple as it looks from either side.