Is what the lawyer did—keeping the remainder of the apartment's sale price after giving his client the agreed-upon amount without informing her of the true price—permissible or forbidden?
If the wife, being mature, sane, and acting of her own free will, waives her right to claim the apartment, and the other party accepts this waiver, she cannot retract it. However, if theiving up of the right was under duress, it is not valid. The lawyer's action of continuing the litigation after the client's waiver is incorrect. The agent is dismissed when the principal dismisses him, and therefore, he is not entitled to a fee after dismissal. The lawyer's sale of the apartment is void because he sold what he does not own in the case of a valid release, or what he was not authorized to sell in the case of an invalid release.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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