Selling a car at the auction without specifying its defects
Machine translationRead the Arabic original
Fatwa number ( 17398 )
Q: What is currently happening at car auctions is that a car is brought to the auction ground, and the auction is conducted over the microphone without mentioning its defects. People inspect it while it is standing, without the buyer driving it. When the sale is completed, the dealer immediately takes a deposit from the buyer and dictates public terms stating that the car has all kinds of defects. Then, one of the dealer’s employees drives the car to the dealer’s office, where it is registered without the buyer inspecting it. In fact, the buyer is even prevented from driving it until ownership is transferred. Consequently, the car becomes binding on the buyer no matter what defects are later found. Please give us a ruling, may Allah reward you, on the validity of this sale. If there is a violation of the Shari'ah, we have great hope that you will write to the competent authorities to establish the Shari'ah regulations for this. .
A: It is obligatory for the seller to disclose the defects in the merchandise;
because the Prophet (peace and blessings be upon him) said:Sahih Muslim 1532a , and as for saying "it has all kinds of defects," that is not sufficient until the actual defect in the merchandise is specified, so that the buyer is fully informed. And Allah knows best.
Q: What is currently happening at car auctions is that a car is brought to the auction ground, and the auction is conducted over the microphone without mentioning its defects. People inspect it while it is standing, without the buyer driving it. When the sale is completed, the dealer immediately takes a deposit from the buyer and dictates public terms stating that the car has all kinds of defects. Then, one of the dealer’s employees drives the car to the dealer’s office, where it is registered without the buyer inspecting it. In fact, the buyer is even prevented from driving it until ownership is transferred. Consequently, the car becomes binding on the buyer no matter what defects are later found. Please give us a ruling, may Allah reward you, on the validity of this sale. If there is a violation of the Shari'ah, we have great hope that you will write to the competent authorities to establish the Shari'ah regulations for this. .
A: It is obligatory for the seller to disclose the defects in the merchandise;
because the Prophet (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 بيعهما
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.