Buying and Selling: Ruling on Revoking a Sale After Claiming Injustice and Property Value Increase

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Revoking a Sale After Claiming Injustice and Property Value Increase

English:

Question #1552:

One week after buying some property, I was convinced that I had been unjustly treated. I approached the vendor with a view to revoking the sale. He refused. The property remained at my disposal during which time its price has risen. There and then the vendor asked me to revoke the sale and vacate the property. I did not mind provided that he returned the money I paid for the property plus an extra amount to make up for the price appreciation. He refused. Can my initial request of the vendor to revoke the contract be considered a valid enough reason for that purpose? And can my accepting his proposal of revoking the contract and receiving the extra money be so too?

Answer #1552:

The mere approaching of one who has the right of revocation to the other party with a proposition to revoke the contract or just agreement of the former to return the sold property to the latter in return for an extra payment does not amount to a proper revocation of the contract. However, the revocation of the contract lies with the one who has such a right. It does not depend on the consent of the other party, nor the return of the thing sold. So, had you really revoked the contract, at the time when you found out that you had been unfairly treated, the revocation would have been legally valid. You should, therefore, have no right of disposal in the property and should have handed it over to the vendor.

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