Miscellaneous Issues Concerning Revocation
Q1558: Should sitting idly by, i.e. not taking action to restore one’s right, or delaying it for, say, two years, be a cause for losing a right?
A: Not taking action to restore one’s right, or delaying it for a while, should not entail losing the right unless such right is set within a particular time frame.
Q1559: Someone sold some property for a cash deposit, with the remaining amount to be settled by installments. After the vendor received the cash amount and gave the buyer possession of the property, another buyer who offered a higher price for it approached him. Is it permissible for him to revoke the first sale in order to sell the property to the second person?
A: After the sale was concluded in a proper and shar‘ī manner, the vendor has to abide by the terms of the agreement. He is, therefore, not justified in revoking the agreement in order to sell the property to another person unless the vendor has the right to revoke the contract.
Q1560: I sold a plot of land to a person on the condition that the price would be settled over a four-year period. However, almost immediately I regretted that I had concluded the deal. Yet, I didn’t take any action until after one year when I approached the buyer to return the land, a request which he turned down. Is there a legal way to pull out from the deal?
A: The mere regretting has no shar‘ī effect. After the sale has been concluded in a proper and shar‘ī manner, it is valid to transfer the ownership of the thing sold to the buyer. The vendor has no right to claim it back unless he revokes the contract when he has the right to do so.
Q1561. A person sold a plot of land. The two parties noted the sale on a piece of paper, stipulating that the vendor has no right of withdrawal whatsoever. However, having the title deed of the land still in his name, the vendor sold it to a third person. Is such a sale good enough?
A: After the sale of the land was concluded in a proper and shar‘ī manner, with the provision of foregoing the right of withdrawal, the vendor has no right to sell it to another person. However, the second sale is categorized as fuḍūlī which is definitely dependent on the consent of the first buyer.
Q1562: Someone bought a quantity of cement from the factory for a particular price, on the understanding that the supplier would supply the buyer with the cement in batches. After a while, the price of the cement has risen sharply. Has the supplier the right to revoke the agreement and refuse to supply the remaining quantity?
A: After the sale [of the cement] was concluded in a proper and shar‘ī manner, whether for cash, on credit, or even in a prepaid sale, the vendor has no right to annul the contract from one side unless he has the shar‘ī right of annulment.
Q1563. I bought property and paid a deposit, on the understanding that I pay the remaining amount in three months’ time when the property would be officially registered in my name. We noted the sale on a piece of paper. However, I could not come up with the money on the appointed date. A month later I approached the vendor with the remaining amount of money with a view to transferring the property in my name. He refused to do so claiming that he had cancelled the contract by default. It is worth mentioning that he has not returned the money I gave him. Furthermore, he rented the property during this time and received the rent. Has he the right to do so?
A: The mere declining to pay a part of the price at the specified time does not give the vendor the right to cancel the agreement. If the property was purchased in a proper and shar‘ī manner, yet it remained at the disposal of the vendor who took the liberty to rent it without his enjoying the right of annulment, the rent contract, he concluded, should be dependent on the consent of the buyer. It is obligatory on him to hand the property over to the buyer and pay the latter what he received in rent; that is if the buyer had already agreed to rent the property. If he does not agree with the rent contract, the buyer has the right to demand compensation for the period that the vendor had the property at his disposal.
Q1564: Is the vendor justified in canceling the contract without his enjoying the right of withdrawal? And has he the right to increase the price of the thing sold after the sale has been concluded?
A: No, he has no right to do such things.
Q1565: A person bought some property from another. The latter had bought the property from the department of housing. After the two parties had concluded the contract, the said department approached the buyer with a request to pay an additional amount. The buyer informed the vendor of the situation and demanded the payment of the additional amount. The vendor turned down the request. As a result, the housing department allocated the property to another person. To whom shall the buyer turn to retrieve his money?
A: If the sale is revoked due to a provision or the like, the buyer should demand the money from the vendor.
Q1566: A person bought an animal from someone. He had the intention of reselling the animal. If not, he was going to cancel the agreement and return it to the vendor. Has he the right to cancel the sale contract?
A: Since the item in question is an animal, the buyer has the right of withdrawal within three days of the sale.
Q1567: A group of people jointly bought some property from a person. They paid the vendor a sum of money in installments. The remaining amount of the sale price was to be settled upon the official transfer of the property in the buyers’ names. However, the vendor procrastinated and eventually refused to exchange contract, claiming that he cancelled the agreement. Which of the two is valid, the sale or the cancellation of the contract?
A: As long as the vendor has no right of annulment — e.g., due to a provision or a wide gap between sale and market prices — his canceling the contract should not stand. Accordingly, the sale is valid. He has to do according to the contract and is held responsible for officially transferring the property into the names of the buyers.
Q1568: A person bought an item of merchandise from another. He paid the vendor a down payment. The buyer sold the goods to another person for a profit and gave it to him. When the new buyer knew how much profit the first buyer made, he changed his mind. Is he justified in revoking the sale?
A: If there is something which gives the second buyer the right to revoke, he has the right of cancellation. Otherwise, it is not permissible for him to do so.
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