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Website of the Office of Grand Ayatullah Saanei :: Canceling a Transaction

Canceling a Transaction

Issue 1051: In some cases, the seller or the buyer can cancel a transaction. These are referred to as “options”. Some of these are as follows:

1- If the seller or the buyer has been cheated; this is referred to as “option of lesion”.

2- If it is agreed and mentioned in the contract that either or both of the parties have the right to cancel it up to a stipulated time; for instance, they may stipulate that any of the parties can cancel the contract within three days from after the contract. This is referred to as “option of conditions”.

3- If the seller and the buyer have not parted from each other since they made their deal; for instance, when one has bought something in a store, they can return that thing if they have not left the store yet; this is referred to as “option of meeting place”.

4- If the purchased thing is defective and the buyer learns about it after the deal is made. This is referred to as “option of defect”.

5- If the seller describes the commodity-which the buyer has not seen- as to have certain qualities, but then it is revealed that the commodity lacks those qualities; for instance, when the seller promises to supply two hundred-sheet notebooks, but later it is revealed that the notebooks supplied, have less sheets. This is referred to as “option of inspection”.

Issue 1052: If a person comes to know about some defect in the commodity after the deal is made, but does not cancel the contract immediately, they will not have the right to cancel it anymore.

Q1053: Is a letter of promise (provisional agreement) legally valid? Will such letter suffice as a contract?

A: If the contract is made within such a letter, and if the commodity and its price are stipulated and other conditions are fulfilled, and if there is no uncertainty and ignorance in it, the parties must carry out the contract.

Q1054: In some businesses such as in confectionaries, it is common to weigh the container box together with the pastry and thus the buyer is charged for both the pastry and the container box at the same price. Is it legally permissible to do that? And is the money earned in this way considered legal?

A: If the customer knows about that and consents to it, it will be in order.

Q1055: I sell spare parts and whenever I sell something in installments, I make an extra charge for the installments. What is the case of such an extra charge?

A: Selling things in installments for a higher price than in cash payments, does not render a contract void and it will be valid, even if the extra charge to be made later is calculated at the time of contract.

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