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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between the Earnest Money and the Brokerage Fee in the Purchase of Land

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Question:
The second question. May Allah bless you. The second question, may Allah bless you, O Shaykh. I bought a piece of land and paid an earnest money to the office owner, on the condition that I had bought the land. Then I sought guidance from Allah the Exalted, and afterwards I felt disinclined toward the purchase. The landowner has no problem; he is willing to take his land back. But the problem is that the office owner refused to return the earnest money, which is the brokerage fee of one and a half percent. Is it permissible for him to keep the brokerage fee, or must he return it to me? Thank you. The question is clear.

Answer:
You say you paid a deposit, and then you mention the brokerage fee. There is a difference between the two, my brother. The deposit belongs to the landowners, whereas the brokerage fee belongs to the broker. If he demands his right, which is the brokerage fee that they call the brokerage fee, then you give him his right. As for the deposit, it belongs to the landowners. Yes.
Source قناة «مكة و المدينة»، 02 ‫فتاوى على الهواء - 19 01 1433هـ _ الشيخ صالح الفوزان‬‎ — youtube.com (33:02)

The Arabic text is a machine transcription of the audio recording.

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