Is the seller entitled to keep the down payment after the buyer refused to complete a land purchase deal due to undisclosed problems by the broker, such as an illegal door, a container, and writings on the walls saying "the land has been preempted"?
Disputes must be brought before the courts, as they are the competent authority to resolve conflicts and give everyone their due. If an agreement is reached between a buyer and a seller to purchase a plot of land, and the buyer pays a deposit (ʿurbūn), then voluntarily withdraws from the purchase, the deposit belongs to the seller. However, if the buyer stipulated that the seller clear the land of a container within a specified period, and the seller failed to comply, then the buyer has the right to withdraw from the sale, and the seller is obligated to return the deposit. The final say, however, rests with the Sharia courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 105185
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy