Buying and Selling: Ruling on Resale of Property with Instalment Agreement and Vendor’s Rights

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Resale of Property with Instalment Agreement and Vendor’s Rights

English:

Question #1536:

A person bought a flat and paid a certain amount of money as a deposit. Among other things, it was agreed that the remaining amount should be paid in instalments. The first buyer sold it to a third party. It was agreed that the latter pay the same instalments to the original vendor of the flat. Has the vendor the right to revoke the original agreement and its agreed-upon conditions?

Answer #1536:

The vendor has no right to revoke the sale after it has gone through. Nor has he the right to disregard the conditions of the agreement. There is no objection to the buyer’s selling the property to another person, even prior to his settling the outstanding instalments. However, stipulating that the second buyer should pay the said instalments cannot be sanctioned unless the original vendor agreed to the arrangement.

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