Buying and Selling: Ruling on Seller Demanding More Than Agreed Price Before Property Transfer

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Seller Demanding More Than Agreed Price Before Property Transfer

English:

Question #1518:

I bought a flat and agreed with the seller that he transfers its ownership to me after a specified period of time. The seller and I agreed in the contract that the price might increase up to 15%. The seller is now asking for an increase of 31% and he will never transfer the flat unless it is paid. Is he justified in his demand for the increase and in not completing the transfer of property?

Answer #1518:

If the final sale price was not concluded when the contract was made and it was left to the date of transferring the property, the sale is void. Thus, the seller has the right to refrain from completing the transaction and to put the price he wishes. Mere agreement between the two parties to decide the final sale price on the day of transfer of the property is not sufficient for the validity of the sale.

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