Power of Attorney: Validity of Sale Conducted Through an Attorney and Claim of Cancellation by the Owner

Practical Laws of Islam as per the teachings of Imam Khamenei

Power of Attorney: Validity of Sale Conducted Through an Attorney and Claim of Cancellation by the Owner

English:

Question #1789:

A person bought some property through the attorney of the owner. After the settlement of the instalments, the ex-owner claimed that he had cancelled the sale and returned the property to himself. Is the ex-owner justified in his action? And has the buyer the right to demand from him to give him the property?

Answer #1789:

The sale concluded by the attorney on behalf of the proprietor is valid and binding. The sold property should be the buyer’s and, therefore, handed over to him. The attorney has no right to cancel the agreement and return the property to its owner unless he has the right to do so for one reason or another.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Power of Attorney