Q:
1. YYY wanted to sell his house(2003). He gave ZZZ(sister) three payment options viz a. Cash price – once off payment of full amount b. Terms price c. Rental Option
2. ZZZ chose the cash price option and paid a deposit
3. ZZZ then made a few minor payments.
4. ZZZ and her husband came to YYY house(2004), and said that they went to the bank for a loan but because of FICA documentation they were still in the process of finalising the loan. At this point, they asked YYY to consider if he will not let them pay off the balance at the amount the bank was going to charge them. YYY did not give an answer to this. How does this affect the transaction as the negotiation process was now put back on the table?
5. In 2006, YYY advised ZZZ that she hadn’t paid the full price as promised, hence YYY requested a renegotiation of the sale
6. Repeatedly over the course of time, YYY advised ZZZ not to continue depositing the money until the whole situation was settled and a shariah ruling was obtained
7. As the brother, YYY did not want to give his sister notice to vacate the house as he did not want her to be on the street
8. There was no consistency in any payments. Payments were made erratically.
9. ZZZ continued to deposit money into YYY account even when requested not to do so until the sale was clarified.
10. Despite being a cash sale, ZZZ paid the money over 10+ years at the cash price and now wants transfer of the house
Please advise on how YYY should proceed.
A: Since the sale was confirmed and the transactors did not cancel the sale there is no question of re-negotiating.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)