My Punta Cana Developer Never Started Building. Can I Get My Money Back?

Zero construction after years of payments is not a delay — it is a breach. Under Dominican law, buyers in this situation have the strongest possible grounds for full rescission, restitution, and damages. Here is exactly how it works.

You paid deposits over months or years. The developer sent updates. Then the updates stopped. You visited the site — or checked aerial photos — and there is nothing there. Not a foundation. Not a crane. Not a single block laid.

This is not a delay. Under Dominican law, this is the clearest possible case for full rescission, restitution of every dollar paid, and damages on top of that.

Buyers in this situation often wait — hoping construction will start, afraid of losing their deposits, unsure whether they have any real options. This guide explains what the law actually says and what your realistic path to recovery looks like.

Zero Construction = Zero Performance = Full Breach

A pre-construction contract is a bilateral obligation: you pay according to a schedule; the developer builds and delivers according to a schedule. When a developer takes your payments for months or years and never breaks ground, they have failed to perform their primary obligation.

Under Dominican contract law — specifically the Civil Code provisions on contrato de compraventa and the doctrine of exceptio non adimpleti contractus — a party who has materially failed to perform cannot demand performance from the other party, and the non-breaching party can seek judicial rescission.

In cases of zero construction, the breach is not ambiguous. There is no argument about whether the project is "on track" or "behind schedule." There is documented proof: no construction has occurred. If your project is behind but still active, see our guide on when delays cross into default.

What You Can Recover

In a successful rescission action based on non-performance, you can claim:

The Process: What Actually Happens

  1. Documentation phase. Your attorney gathers your contract, full payment history, bank transfer records, any communications from the developer, and evidence of construction status (site photos, permits, registry records).
  2. Formal demand. A puesta en mora is served on the developer — a formal legal demand that establishes the breach on the record and gives the developer a final opportunity to perform or settle.
  3. Settlement negotiation (if any). Some developers respond at this stage with settlement proposals. Whether to negotiate or proceed directly to court depends on the developer's financial position and the strength of your claim.
  4. Judicial rescission. If no satisfactory resolution, the case is filed in court. In cases of clear non-performance, the legal arguments are strong.
  5. Recovery. Judgment in your favor establishes the amounts owed. Enforcement against the developer's assets follows.

What About the Cancellation Clause?

Many developer contracts include a cancellation clause allowing the developer to retain 30–50% of amounts paid if the buyer cancels. This clause does not apply when the developer is in breach.

If you are seeking rescission because the developer failed to build — not because you changed your mind — the cancellation clause is legally irrelevant to your claim. A developer cannot invoke a buyer's cancellation penalty when the developer is the one in breach.

This distinction matters enormously. Many buyers accept a partial refund thinking they have no better option. They do.

Common Questions

Can I get my money back if construction never started in Dominican Republic?
Yes — and you may be entitled to more than what you paid. Zero construction is the clearest form of breach. Courts regularly award full restitution plus interest and damages in these cases.

How long does a Dominican Republic rescission case take?
It depends on whether the developer contests the claim and the backlog in the relevant court. Cases that proceed uncontested — or settle after a demand — can resolve in months. Fully litigated cases typically take one to two years in the La Altagracia or Santo Domingo courts.

What if the developer has no assets?
This is why the timing of legal action matters. A developer in financial distress may have assets now that will be distributed to other creditors later. Acting early preserves your position in the creditor queue. Your attorney should investigate the developer's asset position as part of the initial assessment.

The Bottom Line

If your Punta Cana developer never started building, you have the strongest possible legal position for full recovery. The question is not whether you have a claim — it is how quickly you act to protect it.

Reach out. Tell me the project name and how much you paid. I'll give you an honest assessment of your position within 24 hours.

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