Am I entitled to claim compensation for the amounts I lost in an attempt to transfer the ownership of a residential plot of land that I purchased, due to the presence of numerous heirs and the seller's inability to complete the transfer?
The multiplicity of heirs for a land and the prolonged duration of transfer procedures, if it affects its monetary value, is a defect in the sold item. However, since you consented to the sale after knowing about the defect, your right to compel the seller to compensate you has been forfeited. This is because you had the choice between obliging him to transfer it, or keeping it and demanding compensation for the defect, or rescinding the sale. Ibn Qudamah mentioned that whoever becomes aware of a defect in a sold item of which he was not previously aware has the option between keeping it and rescinding the sale. The criterion for a defect is that which causes a reduction in the price according to common trade practice.
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