Cancelling the sale of a property
Question
A person purchased a house. He paid a small amount upfront to the seller towards the purchase of the property. However, after finalizing the deal and taking possession of the house, he regrets his purchase. He therefore returned the house to the seller and is requesting the amount that he paid upfront to the seller to be returned. Is the buyer entitled to return the house and claim the money paid?
Answer
The seller will attain great virtue if he reverses the sale and refunds the buyer. If he reverses the transaction, then he should return the monies received from the purchaser in full. However, it is not necessary for him to reverse the sale.
References (Arabic / Urdu sources)
فان شرط اكثر او اقل فاشرط باطل ويرد مثل الثمن الاول لقوله عليه السلام من اقال نادما بيعته اقال الله عثراته يوم القيامة الهداية ص72 ج3
- Answered by
- Mufti Mohammed Desai
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