Back to search
The question

What is the ruling on a man buying a house after the expiry of the period agreed upon with the first buyer due to his failure to pay the remaining amount, given the disappearance of the pretext the buyer used as an excuse for procrastination, and is this considered a sale over a sale?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

What transpired between the two parties is either a promise, with the amount being a earnest deposit, in which case the seller may sell the house after returning the amount to the buyer if the buyer does not bring the remaining portion of the price to complete the contract. Or it is an earnest money sale, in which case the seller may sell the house to another buyer after the agreed-upon period with the first buyer expires and the first buyer fails to bring the remaining portion of the price. The seller may also stipulate the right to revoke the sale if the buyer becomes insolvent or does not receive the price within a period they both agree upon; this falls under the category of "khiyar al-" (option of stipulation) according to the Hanbalis and scholars. If the sale is rescinded due to the inability to pay the price in cash, the second buyer may purchase the property from its owner without sin.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
148577
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy