Buying and Selling: Ruling on Land Registration, Bypassing Buyers, and Responsibility for Fees

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Land Registration, Bypassing Buyers, and Responsibility for Fees

English:

Question #1538:

A piece of land changed hands between three different people. In accordance with the provisions of the law in force, each transaction requires payment of fees to the government. Is it obligatory on the first vendor to register the land in the name of the first buyer, and on the latter to register it in the name of the second buyer? Or is the landlord justified in bypassing the first buyer and registering the land in the name of the second buyer in order to save on costs? If he chooses to register the land in the name of the first buyer, should he be liable for the payment of fees paid by the latter? Is it obligatory on him to accede to the request of the first buyer to register the land in the name of the second buyer?

Answer #1538:

The vendor has the choice of registering the sold land in the name of the first or the second buyer provided that this does not contravene the law which should be abided by. The vendor has the right to ask the buyer to adhere to the provisions of the rule of law. He should not be made responsible to compensate the costs incurred by the first buyer if the land was registered in his name. Furthermore, he is free not to accede to the request of the first buyer to register the land directly in the name of the second buyer.

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