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Civil Protection of the Buyer in Off-Plan Sales | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 8, Volume 16, Issue: 3, September 2026, Pages 173-198 PDF (886.15 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.166777.1668 | ||
| Authors | ||
| Basim Abdul Salam Taha* ; Kamran Hussein Al-Salihi | ||
| Department of Law, Faculty of Law and Political Science and Administration, Soran University, Kurdistan Region, Iraq | ||
| Abstract | ||
| Off-plan sales are a modern form of sales resulting from urban and economic development. They enable real estate developers to sell real estate units before their actual construction, based on specific plans and specifications. This sales model has contributed to stimulating real estate investment and facilitating ownership. However, it has also raised numerous legal issues, particularly regarding the protection of buyers who enter into contracts based on future promises and plans that may not be realized. Consequently, the importance of civil protection for buyers in this type of sale has emerged, both in terms of regulating the obligations of the seller and real estate developer, and in terms of legal guarantees that ensure the recovery of rights in the event of failure to perform, delay, or change in agreed-upon specifications. This research aims to clarify the legal framework regulating off-plan sales and analyze the foundations upon which civil protection for buyers is based. This is achieved by reviewing and comparing relevant legislative texts and examining judicial and jurisprudential rulings that have addressed this topic, with a focus on the adequacy of this protection and ways to develop it to achieve contractual balance between the two parties and ensure the stability of real estate transactions. | ||
| Keywords | ||
| Off-plan property sale; Civil Protection; Project Owner; Builder; Real Estate Developer | ||
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