How to assess cancellation step by step
1. Read the SPA as a whole. Find the unit description, specifications, handover date, permitted extensions, payment plan, buyer and developer default clauses, notice procedure, refund terms, and dispute-resolution clause. Do not rely only on a brochure or sales conversation.
2. Check the official project record. DLD’s Project Status Enquiry lets you search by project name or number and review reported project details and completion percentage. Save a dated record. A delayed project is not necessarily a project formally cancelled by RERA.
3. Match every instalment demand to the SPA and your receipts. Identify any missed payment or disputed construction milestone. Do not stop a bank instruction or withhold the next instalment merely because you intend to claim cancellation.
4. Identify the legal ground. Is there a material specification change, a failure addressed by Article 20, a serious contractual breach, an agreed termination right, or a final RERA cancellation decision?
5. List the purchase payments, registration charges, finance expenses, and any other claimed loss separately. A demand for repayment of purchase instalments is not automatically the same as a claim for every cost associated with the transaction.
6. Where appropriate, ask the developer to explain the project status or alleged breach, provide relevant documents, and state whether it will agree to termination or another remedy. A formal legal notice should follow the SPA and the legal ground relied on.
7. Consider a documented settlement. The parties may agree to a refund schedule, another unit, a revised payment plan, or mutual termination. Check whether the proposed document waives other rights and what happens if the developer misses a repayment date.
8. Use the correct forum if settlement fails. Article 20 expressly refers to the competent court for purchaser termination claims. The SPA and applicable rules must also be reviewed for any valid arbitration clause. Formal project cancellation and liquidation may involve a different process. There is no single reliable court timeline for every off-plan dispute.