Question
If a customer fully pays for goods today and he says he will collect at a later date. However, when he comes sometimes after 3 or more months, the price has gone up of that item. Can the seller ask him for the price difference in increase of price? What should be done? Should the deal be cancelled? Also, if at the time of the sale (for which the buyer has paid in full) the businessman tells him with clarity that if there is a price difference at the time of collection then he has to either pay the higher price or the businessman has the right to cancel the sale. Is this condition valid?
Answer
Neither is it permissible to increase the 'price' nor is it permissible to cancel the sale. The condition stipulated by the businessman as mentioned by you is baatil even if the customer agrees to it. If this condition is stipulated during the process of the transaction, the bay' (sale) will be faasid. If the condition is stipulated after the completion of the bay', it (the condition) is baatil. It is futile, stupid and not valid. He has no right of cancelling the sale regardless of price increase or any other reason since he has been paid for the item which now belongs to the customer. The only thing he can do is to arrange with the customer to store his goods in lieu of a fixed fee.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 02
- PDF page
- 5
Verbatim verified against the source PDF
Appears under THE MAJLISQ &A P.O. BOX 3393 PORT ELIZABETH. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.