Is Sabana Equestrian delayed? Here's what Dominican law says about your money
Sabana Equestrian: current status
This page tracks the situation that buyers at Sabana Equestrian 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 like Sabana Equestrian slides past the delivery date it promised, most buyers feel stuck. You committed from another country, you paid what you owed, and now the updates have dried up. What often gets missed is that Dominican law hands real tools to the side that kept its word. Here is what those tools look like, in plain language.
The late-delivery penalty written into your contract
Most pre-construction agreements name a delivery date and attach a cost to missing it. When the buyer performed and the developer did not, Dominican courts tend to treat that penalty as something with teeth, not a formality. If your promise of sale sets a penalty for late delivery, that clause may be one you can collect on, and it often becomes the backbone of the wider claim.
Pausing payments when the developer stops performing
Dominican contract law recognizes a principle called the exceptio non adimpleti contractus, which lets one party to a two-sided deal hold back its own performance when the other side has stopped performing. If the developer has fallen materially behind while you stayed current, the law may support a decision to hold the next installment. Courts look closely at that balance, so it is a step to weigh with counsel rather than take on your own.
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 sets the date from which interest starts to accrue. Buyers who skip it sometimes find that a strong claim has quietly lost part of its value.
One-sided clauses do not always survive under Law 358-05
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 as abusive, replacing full forfeiture with a fair and limited retention.
Ending the contract is a decision for a judge
Unwinding the deal and getting your money back is called rescission, and only a court can grant it. A developer in breach cannot simply cancel the contract and pocket your money on its own authority, and a buyer cannot just walk away and declare the contract over. Across 3,000+ local court decisions analyzed, the pattern holds steady: the buyers who built their record with care are the ones who tended to recover.
The decision every buyer faces
Before anything gets filed, there is one question only you can answer: do you still want the unit, or do you want your capital back?
If you want the unit, the path 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 path is resolution, or rescission. 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 completed, how solid the developer’s finances are, how much you have already paid in, and whether you still want to own the unit at all. Weigh those honestly, because they shape which road serves you best.
A case like yours
Here is a pattern that comes up often, described in general terms and not connected to any one project. A foreign buyer had signed only a short early document at the start of a pre-construction purchase. It looked informal, more like a placeholder than a real agreement, so the buyer assumed it carried no weight and set it aside. When delivery slipped well past the promised window, the buyer worried there was nothing solid to stand on.
Working with counsel, the buyer learned that the early document already created obligations on both sides: a described unit, a price, a payment path, and a commitment the developer had accepted in writing. That paper, far from being a throwaway, became part of the record and helped establish when the developer's duties began. The takeaway is not any single outcome. It is that early paperwork many buyers dismiss can carry real legal weight, and building the file around it from the first step can make the difference.
Frequently asked questions
Can I stop paying while the project is stalled?
Possibly, but timing matters. Dominican law can let a buyer who is current pause payments once the developer has clearly failed to hold up its end. A court weighs each situation on its own facts, so talk to counsel first. Halting at the wrong moment may give the developer an argument you would rather not hand it.
Is there a way to get my deposit back?
In many cases, yes. When a court ends a contract because the developer breached, it can order your payments returned, and judicial interest may be added for the period your money sat with the developer. Losses you can document may be recoverable on top of that. How much comes back depends on your proof and what the developer actually owns.
How long do these cases usually take?
It depends on whether the developer engages. A matter that settles soon after a formal demand can wrap up in a matter of months. A contested case can run one to two years to a first judgment, and enforcement can add time if the developer drags its feet. Starting early tends to keep things moving.
Will I have to fly to the Dominican Republic?
Usually not. With a properly signed power of attorney, a Dominican attorney can issue the demand, file the case, and appear for you while you stay home. Most foreign buyers handle the whole process without traveling for each stage.
What if my contract has a penalty clause?
A penalty clause can cut either way. If it lets the developer keep your money while owing nothing for its own delay, it may be open to challenge as abusive under Law 358-05. If it sets a penalty for late delivery, it may be something you can collect. Have it reviewed before you assume it works against you.
What if all I signed was an early reservation paper?
It may still matter. Documents that look informal can create real obligations if they name the unit, the price, and a commitment the developer accepted. A short paper can help fix when the developer's duties began. Bring it to counsel rather than assuming it is meaningless.
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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).