Is the buyer entitled to rescind the sale contract and demand the refund of the cash price paid when there is a shortage in the agreed-upon property's area, specified by a known value and meters?
If a person buys a property and it turns out to be smaller in area than what was agreed upon, the buyer has the option to annul the contract and reclaim the amount paid. Alternatively, he can proceed with the purchase, with a deduction from the price corresponding to the deficit, provided the seller agrees.
If the seller does not agree to the deduction and the buyer chooses to annul the contract, he has the right to do so, and the seller must refund the price. The price is distributed over the parts of the sold item, and the deficit necessitates either a deduction from the price corresponding to it, or the annulment of the contract due to harm to the buyer.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/81815
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 81815
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy