What is the ruling on an heir's agent selling a distinctive commercial plot of land belonging to one of the heirs who is a minor and has not authorized its sale through the court, and what is the ruling on him retracting this sale due to the buyer's failure to adhere to the agreed-upon installments, and due to the buyer deceiving him in paying the money and selling him a defective car?
If the land is jointly owned and was disposed of without the knowledge of the co-owners, or if it belongs to a minor, then the sale is not valid. It is not permissible to annul the sale merely because the buyer failed to make payments, unless the buyer is clearly procrastinating. If a car is part of the price of the land, then the option of annulment due to deception (ghabn) is only established in specific cases, and the responsibility for inspecting the car lies with the buyer. The annulment of the land sale occurs in two situations: if the land belongs to a minor and must be returned to him, or if the buyer refrains from making payments or procrastinates in doing so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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