The sale of a plot of land whose owner was prevented from establishing a project on it
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Fatwa number ( 6966 )
Q: There is a plot of land owned by my father and another partner with him. I applied to the competent authorities for a building permit to establish a fuel station in its eastern part, near the intersection. The competent authorities prevented me on the grounds that this location is close to the intersection, which is prohibited according to their regulations. They informed me that no fuel station is permitted to be built at this location in any form, unless it is located at a distance of no less than 200 meters from this intersection. We moved the required distance away from this intersection and obtained a building permit for a fuel station. After a while, a citizen came forward wanting to buy this plot, which is near the same intersection, and offered a fair price, stating that he wanted to build a fuel station on it. The intermediary in the sale called me and asked about this location. I told him that I had previously applied to the competent authorities and had been prevented by them, and I informed him of the facts that had occurred. As a result, the customer withdrew from the purchase. My father’s partner severely blamed me, saying: Why did you tell him what happened? He said: There is no defect in the land that would invalidate the sale, but you caused the sale between us and the buyer to fail. Do I have the right, O honorable Shaykh, to clarify what happened regarding this land, or should I remain silent and hide what happened, as my father’s partner suggests?
A: If the situation is as described, informing the one who wants to buy the land
of the purpose for which you were prevented, namely establishing a station on it, is obligatory. This falls under the category of clarification about which the Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1532a It is agreed upon as authentic. And regarding his (peace and blessings be upon him) saying: Opposing your father’s partner in this matter is not permissible, for the reasons mentioned.
Q: There is a plot of land owned by my father and another partner with him. I applied to the competent authorities for a building permit to establish a fuel station in its eastern part, near the intersection. The competent authorities prevented me on the grounds that this location is close to the intersection, which is prohibited according to their regulations. They informed me that no fuel station is permitted to be built at this location in any form, unless it is located at a distance of no less than 200 meters from this intersection. We moved the required distance away from this intersection and obtained a building permit for a fuel station. After a while, a citizen came forward wanting to buy this plot, which is near the same intersection, and offered a fair price, stating that he wanted to build a fuel station on it. The intermediary in the sale called me and asked about this location. I told him that I had previously applied to the competent authorities and had been prevented by them, and I informed him of the facts that had occurred. As a result, the customer withdrew from the purchase. My father’s partner severely blamed me, saying: Why did you tell him what happened? He said: There is no defect in the land that would invalidate the sale, but you caused the sale between us and the buyer to fail. Do I have the right, O honorable Shaykh, to clarify what happened regarding this land, or should I remain silent and hide what happened, as my father’s partner suggests?
A: If the situation is as described, informing the one who wants to buy the land
of the purpose for which you were prevented, namely establishing a station on it, is obligatory. This falls under the category of clarification about which the Messenger of Allah (peace and blessings be upon him) said:
Both parties in a business transaction have the right to annul it so long as they have not separated; and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing on their transaction will be blotted out.
البيعان بالخيار ما لم يتفرقا، فإن صدقا وبينا بورك لهما في بيعهما، وإن كذبا وكتما محقت بركة بيعهماReligion is sincere advice...
الدين النصيحة..
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.