Is Primaveral Luxury delayed? Here's what Dominican law says about your money
Primaveral Luxury: current status
This page tracks the situation that buyers at Primaveral Luxury 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 project you bought into runs past its promised date, it is easy to feel like you have no cards left to play. You paid from abroad, you held up your end, and now the answers stop coming. What many buyers never hear is that Dominican law gives the side that kept its word a genuine set of remedies. Here they are, in plain language.
The delay penalty written into your contract
Most pre-construction agreements name a delivery date and attach a consequence when the developer misses it. Where the buyer performed and the developer did not, Dominican courts tend to treat that penalty as real and collectible, not as ornamental fine print. If your promise of sale sets a penalty for late delivery, that term may be something you can enforce, and it often becomes the backbone of the wider claim.
You may be able to pause your payments
Dominican contract law recognizes a principle called the exceptio non adimpleti contractus, which lets one party to a two-sided agreement withhold its own performance when the other side stops performing. If the developer has fallen well behind while you stayed current, the law may support a decision to hold back the next installment. Courts study this balance carefully, so it is a step to take with a lawyer at your side rather than on your own read of the situation.
The formal demand that protects your position
Before most claims are ready to move, Dominican procedure calls for a formal demand known as the puesta en mora. It turns the developer’s silence into a documented default, and it often fixes the date from which interest starts to accrue. Buyers who skip this step sometimes find that a strong claim has quietly lost part of its worth.
One-sided clauses do not always survive
If your contract lets the developer keep everything you paid while owing you nothing for its own failure, that lopsided term can be contested. Under Law 358-05 on consumer protection, Dominican courts have struck down penalty clauses that punish only the buyer, treating them as abusive and swapping total forfeiture for a fair, limited retention. A clause that looks airtight on paper is not always the end of the conversation.
A court, not the developer, decides rescission
Ending the contract and getting your capital back is called rescission, and only a judge can grant it. A developer in breach cannot lawfully cancel the deal and pocket your money on its own say-so, and a buyer cannot simply announce the contract is over and leave. Across 3,000+ local court decisions analyzed, the same pattern holds: the buyers who built their record with care are the ones who came out ahead.
The decision every buyer faces
Before anything is filed, there is one question only you can settle: do you still want the unit, or do you want your money back?
If you want the unit, the road is execution. You ask the court to compel the developer to finish and hand over the property, together with the penalties the contract sets for the delay, and you should be prepared to pay whatever balance is left when the keys finally arrive. 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 tied up and any damages you can actually prove.
What tips the balance is practical: whether the project can realistically be completed, the developer’s financial footing, how much you have already put in, and whether you still want to own the unit at all. Honest answers to those four questions usually point clearly toward one road or the other.
A case like yours
Consider a pattern we see often, described here in general terms and not connected to this project. A foreign buyer had signed to purchase a pre-construction unit and paid a large share of the price over time. Work slowed, and the buyer eventually could not complete the remaining installments on the schedule the contract set. The developer pointed to a clause that, on its face, let it keep every peso already paid and return nothing at all.
Working with counsel, the buyer challenged that clause as abusive under Law 358-05 rather than accepting the total loss. The court agreed that a term letting the developer keep everything, while the buyer walked away with empty hands, went too far. Instead of enforcing total forfeiture, the judge allowed the developer to retain only a limited, reasonable amount and ordered most of the money returned. The point is not any exact figure. It is that a clause written to look final was not the last word, because the law limits how much a one-sided penalty can take.
Frequently asked questions
Can I stop paying while the project sits unfinished?
Possibly, but this is not a decision to make alone. Dominican law can let a buyer who is current suspend payments when the developer has seriously failed to deliver on its side. A court looks at the balance between both parties before deciding, so speak with counsel first. Pausing at the wrong time can give the developer an argument it should not have.
Is there any way to get my deposit back?
In many cases, yes. When a court ends a contract because of the developer's breach, it generally orders that what you paid be returned, and judicial interest may be added for the time your funds were held. Losses you can document may also be recoverable. The amount you actually see back depends on your records and on what the developer owns.
How long do these cases usually run?
It depends on the path. A dispute that settles after a formal demand can close within months. A contested matter that goes to judgment often takes one to two years, and collection can add more time if the developer resists. Getting your file in order early tends to move things along.
Will I have to fly to the Dominican Republic?
Usually not. A signed power of attorney lets a Dominican lawyer send notices, file your claim, and appear in court for you while you remain at home. Most foreign buyers handle the entire matter without traveling for each stage.
What if my contract has a penalty clause against me?
That clause can cut both ways. If it lets the developer keep all of your money while owing nothing for its own delay, it may be open to challenge as abusive under Law 358-05. If it instead sets a penalty for late delivery, it may be something you can collect. Have it reviewed before you assume it works against you.
What does it cost to look into my options?
The first conversation carries no charge, and any fee is agreed in writing before work starts, quoted as a flat amount rather than a slice of what you recover. You will understand the cost before committing to anything. That way you can weigh your options without pressure.
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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).