Question
My friend (Muslim brother) messaged me that there was a vehicle for sale at a good price, however, it had a fuelling issue but was still drivable. The seller of the vehicle told us that all we needed to do is service the fuel pump. Once this would be done the vehicle would run fine. The day after I purchased the vehicle (my friend did not contribute anything), my friend listed the vehicle with my consent and sold it. We told the new buyer about the problem. We managed to sell the vehicle and my friend took commission equal to half the profit. Two days later after the new owner had serviced the fuel pump the vehicle rode even worse. I ended up taking the vehicle back and refunding the money. The question is that my friend who took the commission said that he already spent the money and that he does not plan to pay me back due to his tough financial circumstances. Should my friend make an effort to pay me back or is he not obligated to?
Answer
Your friend is obliged to return the entire amount he had taken from you. His ‗tough' financial straits does not permit him to refrain from refunding the money he had received as commission. Further, if there was no agreement to pay him 50% of the profit, then he was not entitled to it.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 08
- PDF page
- 5
Verbatim verified against the source PDF
Appears under HAJJ AKBAR. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.