Trade

Questions relating to the sale of a house

8 years ago By admin

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.

Forcing the purchaser to purchase the item after giving him a refund and cancelling the sale

8 years ago By admin

Q: I made an online purchase from China. The seller said that he will refund me if the product did not arrive within six weeks. After six weeks, the item did not arrive so he refunded me. However, the item then arrived after three months. I contacted the seller and informed him that it has arrived, but since I no longer require it, he must arrange collection for it. The seller said that it would be too expensive, so he is insisting that I must pay him for it. What should I do? If the seller doesn’t arrange collection then what should I do with the item?

Early settlement discount

8 years ago By admin

Q: Please give me guidance regarding the following:

1. We have an agreement with most of our suppliers that all accounts are to be paid within 30 days from date of statement. We receive a settlement discount of 2.5% only if we pay our account within the specified time (30 days from statement). Is this permissible?

2. In some instances, we pay a few accounts later than 30 days from statement (between 3 and 5 days later) and we are still allowed the 2.5% settlement discount from our supplier. Is this permissible?

3. If we sometimes have any extra cash flow, then is it permissible for us to call our suppliers and negotiate an extra settlement discount? For early payment of our account (that is paying our account in the same month that we purchased the goods, not 30 days from statement, but on the day we receive the statement) we are offered an extra 1.5% early settlement discount. So instead of the 2.5% only we receive a 4% settlement discount for early settlement. Is this permissible?

Early settlement discount

8 years ago By admin

Q: Where I work, we offer the 2.5% settlement discount for all customers if they pay their account within 30 days. This is a practice followed by the business over 30 years and all major customers take this if the ones that pay by the 7th of the following month. we allow this although it is not within the period. is this 2.5% also not allowed. Also, with our holding company (foreign based), we get a 3% discount if we pay the invoices within 14 days from when goods are invoiced. if we pay after 14 days, we cannot take the discount and our credit terms intra group is 60 days. Please let us know whether the practices are allowed as I am in charge of the payments.

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