Is it permissible to annul a commercial store's sale contract due to a shortfall in its agreed-upon area, with a demand for the return of the down payment and the delivered car, and a request for compensation for the period of delay? And is the seller entitled to demand compensation for the delay in paying installments?
If land or real estate is sold with a specific area, and it turns out to be less, the sale is valid. The buyer, who was ignorant of the true area and whose purpose was compromised, has the option to either annul the sale or accept compensation for the deficiency. He cannot be forced to take money for the missing square meters. If his purpose was not compromised, he does not have the right to annul the sale.
In the case of annulment, the car is returned to you. If its value has decreased due to use, a car of the same type and specifications should be returned to you. You do not have the right to compensation for the period during which the car was used. The seller does not have the right to compensation for delayed installment payments, as this constitutes usury (riba).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 29910
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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