Unified UAE Legislation Database

FAQ: Can a buyer refuse to pay the remaining installments if the unit’s area is less than agreed?

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

Official Link

https://

Answer: Yes, the buyer may invoke the right of retention (الحبس) under bilateral contracts, but the court will assess if the breach is material enough to justify withholding payment. 

 

Legal Basis:

Articles 249 and 247 of UAE Civil Transactions Law (Federal Law No. 5 of 1985 Civil Transactions Law of the United Arab Emirates State)

 

Relevant case law:

Case No. 322 of 2025 / Dubai Court / Real Estate Appeal