Buying and Selling: Ruling on Double Sale of Undelivered Goods and Buyer’s Rights

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Double Sale of Undelivered Goods and Buyer’s Rights

English:

Question #1471:

The owner of a particular type of merchandise sold it to a person. Having not delivered it to the first buyer, he sold it to another person contrary to the fact that he had not the right to cancel the first sale contract. Is such a deal valid? And is it permissible for the second buyer to demand the goods in accordance with the second sale contract?

Answer #1471:

After the merchandise has been sold to the first buyer, selling it to another person without the permission of the first buyer is fuḍūlī and dependent on his permission. Unless the first buyer authorises the second sale to take place, he can take possession of the goods wherever he finds them and the second buyer has no right to ask the vendor to hand the goods over to him.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling