He sold his house for half its value, thinking it had a defect, but it was later found to have no defect. Is the seller entitled to demand the remainder of the price?
Machine translationRead the Arabic original
Question:
Honorable Shaykh, the brother A.A.S. says: If a person sells his house for half its value, or close to that, thinking that it has a defect, and then it becomes clear to him after the sale that it is free from defects, is he entitled to demand the remainder of the price from the buyer?
Answer:
Contracts are not judged by intentions and purposes, but only by the words used. So if he sold it with a definitive sale to his brother, the sale is established, provided this was done by mutual consent and met the conditions of sale. The fact that he regrets it, or thought there was a defect but no defect was found, means the sale has proceeded. Yes.
Honorable Shaykh, the brother A.A.S. says: If a person sells his house for half its value, or close to that, thinking that it has a defect, and then it becomes clear to him after the sale that it is free from defects, is he entitled to demand the remainder of the price from the buyer?
Answer:
Contracts are not judged by intentions and purposes, but only by the words used. So if he sold it with a definitive sale to his brother, the sale is established, provided this was done by mutual consent and met the conditions of sale. The fact that he regrets it, or thought there was a defect but no defect was found, means the sale has proceeded. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، باع بيته بنصف قيمته ظنا أن فيه عيب، وتبين بعد البيع أن ليس فيه عيب، فهل للبائع طلب بقية الثمن؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.