Seller claiming more than the agreed upon price

· 12 Jumada II 1434 AH1 min readEnglish
Business and DealingsTradeValid & Invalid transactions

Question

A certain person owned a property that his friend wished to buy from him. On seeing the land, his friend offered him R1.2 million. He told his friend, “I don’t know the value of the property. If the value is more, you must sort me out.” After a week passed, the owner still hadn’t checked the value, but concluded a deal for R1.2 million, even making out a contract and signing the papers. A few months later, the initial owner learnt that the value was R1.5 million. He now wants to claim an additional R300 000 from the seller. Is this permissible?

Answer

Since the deal was concluded on R1 200 000, the seller does not have the right to claim anything more than the price they mutually agreed upon.

And Allah Ta'ala (الله تعالى) knows best.

References (Arabic / Urdu sources)

وإذا حصل الإيجاب والقبول لزم البيع ولا خيار لواحد منهما إلا من عيب أو عدم رؤية (الهداية 3/20)

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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