Buyer claiming that the sale was a credit sale

Q: Mohammed proposed to sell his share of a commercial property to Abdul Kader for R1 250 000. The seller didn’t mention that it is cash (expecting immediate payment). The buyer didn’t pay for the property immediately and one year has elapsed. The terms of payment have never been agreed upon. The buyer and seller didn’t agree on how many months the buyer has to pay. Can the buyer claim that he has unlimited time to pay as we didn’t mention “cash” at the time of sale? Is the seller entitled to rentals for the passed year? Is the seller still regarded as the owner of the property?

Bismillaah

A:

1. If the time of payment was not mentioned then there could be two situations. One situation is where the understanding was that the payment will be cash. Cash will mean that it will be paid shortly, a day or two after the sale. Hence, it should be paid accordingly. The other is that both parties had no idea whatsoever as to what is going to be the terms of agreement for payment then this type of a sale is incorrect.

2. No.

3. No.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)