Back to search

Does the seller have the right to annul the contract of sale of a building on which there is a mortgage loan that the absent buyer has not repaid for 11 years, and is he obliged to complete the sale according to the contract after the buyer reappears claiming it?

1 min readAlso available in العربية

If the sale contract has been concluded and a portion of the price remains as a debt owed by the buyer, the sale is valid. The transfer of real estate ownership in the commercial registry is not a condition for its validity. Therefore, the seller does not have the right to withdraw or annul the contract. Contracts must be fulfilled, as Allah Almighty says: "O you who have believed, fulfill [all] contracts." Justice must be upheld even if the buyer fails to fulfill some conditions, as Allah Almighty says: "And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy