Q. A Muslim brother had agreed to sell his house to me at R1.5 Million Rand. We met on several occasions and there were no issues of selling the house to me. We had signed and processed all the necessary documentations. He now is asking for R50 Thousand Rands extra for the renovations he has done to hand over the house to me in a better condition. Can he do such a thing? Is it necessary for me to give him an extra R50 Thousand Rands?
A. In principle, once a transaction has been concluded between the seller and the buyer and the price has been stipulated, the seller has the right to the stipulated amount only. The seller cannot ask for more than the stipulated amount.
Hence, in the enquired situation, the transaction of the house had been concluded and the price had been stipulated between the seller and the buyer. Therefore, the seller cannot ask for more than the stipulated amount even though he renovated the house to hand it over to the buyer. The seller could have included the renovation value in the price of the house prior to concluding the transaction and not thereafter.
However, if the buyer wishes to give more than the stipulated amount, then he may do so willing fully without any compulsion.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa