How is the 2.5% commission calculated on the one million Saudi Riyals paid for the waiver of a commercial land lease, considering that the regulation stipulates the commission as 2.5% for a one-year lease and does not permit its repetition for each year?
It is permissible for someone who has leased land to build upon it with the owner's permission and then rent it to another, or to transfer the remainder of the lease term to a new tenant in exchange for a "khulū" (premium for vacating) which is permissible under Sharia, provided that the new tenant is similar [in characteristics to the original tenant] or less detrimental, and that the terms of the original contract and Sharia-compliant laws are observed. As for the brokerage fee (sa'i), the new tenant is not obliged to pay it, as it is a brokerage contract between the first tenant and the broker, and the broker is only entitled to it by mediating between the two parties.
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- 20010
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