Is Larimar City delayed? Here's what Dominican law says about your money
Larimar City: current status
This page tracks the situation that buyers at Larimar City have described: according to those communications, the project has not been delivered on the terms originally promised. If your situation matches, the sections below explain the options Dominican law gives you.
Your rights under Dominican law
When a Punta Cana project runs past the date it promised, the first feeling is usually powerlessness. You bought from abroad, you paid on time, and now the calls go unanswered. What most buyers do not know is that Dominican law gives the party who kept its word a real set of tools. Here is what those tools are, in plain terms.
The delay penalty in your contract
Most pre-construction agreements set a delivery date and attach a consequence for missing it. When the buyer performed and the developer did not, Dominican courts treat that penalty as enforceable, not decorative. If your promise of sale includes a penalty for late delivery, that clause is something you may be able to collect on, and it often anchors the rest of the claim.
You may be able to suspend payments
Dominican contract law recognizes a principle, the exceptio non adimpleti contractus, that lets one side of a two-sided bargain hold back its own performance when the other side stops performing. If the developer has fallen materially behind while you stayed current, the law may protect a decision to pause the next installment. This is a balance the courts examine closely, so it is a move to make with counsel rather than on instinct.
The formal notice that protects your claim
Before most claims mature, Dominican procedure expects a formal demand, known as the puesta en mora. It converts the developer’s silence into a documented default, and it often marks the date from which interest begins to run. Buyers who skip this step can find that an otherwise strong claim has lost part of its value.
Abusive clauses do not always hold
If your contract lets the developer keep everything you paid while owing you nothing for its own failure, that one-sided term can be challenged. Under Law 358-05 on consumer protection, Dominican courts have set aside penalty clauses that punish only the buyer as abusive, and replaced total forfeiture with a fair, limited retention.
Rescission is decided by a court
Ending the contract and recovering your money is called rescission, and a judge grants it. A developer in breach cannot lawfully cancel the deal and keep your money on its own say-so, and a buyer cannot simply walk away and treat the contract as over. Across 3,000+ local court decisions analyzed, the pattern is consistent: the buyers who built their record carefully are the ones who recovered.
The decision every buyer faces
Before any filing, there is one question only you can answer: do you still want the property, or do you want your money back?
If you want the property, the road is execution. You ask the court to compel the developer to finish and deliver, together with the contractual penalties for the delay, and you should be ready to pay whatever balance remains when the keys finally come. If you want out, the road is resolution. You ask the court to unwind the contract and return your capital, with judicial interest for the time your money was held and any damages you can actually prove.
What tips the balance is practical: whether the project can realistically be finished, the developer’s financial footing, how much you have already paid, and whether you still want to own the unit at all.
A case like yours
Consider a common pattern, described here in general terms and not tied to this project. A retired foreign buyer had purchased a pre-construction apartment on the east coast years earlier. One delivery date passed, then another. The buyer had paid every installment on schedule, and the contract carried a penalty for late delivery.
Working with counsel, the buyer sent a formal demand, documented the missed date and the full payment history, and pursued the penalty the contract itself set. Applying the Civil Code, the court recognized the developer's default and awarded the contractual penalty alongside the buyer's other remedies. The lesson is not any particular figure. It is that the penalty the developer wrote to look intimidating became the buyer's to collect, because the record was built the right way from the first step.
Frequently asked questions
Can I stop making payments?
Sometimes. Dominican law lets a buyer suspend payments when the developer has materially failed to perform and the buyer is otherwise current. Courts weigh the balance case by case, so confirm your position with counsel before you stop. Stopping at the wrong moment can hand the developer the excuse it needs.
Can I get my deposit back?
Often, yes. When a court rescinds a contract for the developer's breach, it orders restitution of what you paid, and judicial interest can be added for the time your money was held. Documented losses may be recoverable as damages. What you recover depends on your evidence and the developer's assets.
How long does a case take in Dominican courts?
It varies. A matter that settles after a formal demand can resolve in months. A contested case before the La Altagracia courts commonly runs one to two years to a first judgment, with enforcement adding time if the developer resists. Preparing early tends to shorten the path.
Do I need to travel to the Dominican Republic?
Usually not. With a properly executed power of attorney, a Dominican attorney can send the demand, file the claim, and appear on your behalf while you stay in your home country. Most foreign buyers complete the entire process without traveling for each step.
What does it cost?
Fees are quoted as flat amounts, agreed in writing before any work begins, based on the complexity of your matter rather than a percentage of what you recover. The first conversation is complimentary, and you will know the cost before you commit to anything.
What if I signed a contract with a penalty clause?
A penalty clause can work for you or against you. If it lets the developer keep everything while owing nothing for its own failure, it may be challenged as abusive under Law 358-05. If it sets a penalty for late delivery, it may be a tool you can collect on. Have it read before you assume the worst.
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This page describes legal options generally available to buyers; every case requires individual analysis.
This page is general legal information, not legal advice for any specific situation. The right path depends on your goal and the specific facts of your contract and project. Caribbean Counsel was founded by an attorney trained at the Dominican Republic's #1 ranked law firm (Legal 500 / Chambers Global).