Problems Selling Property with a Mobayeh-nameh (Ordinary Sale Agreement)
2024-08-17
Problems with selling property using a mobayeh-nameh are heard about quite often these days. Many of our clients have sold their property using a mobayeh-nameh, and the buyer, without paying the full price, has fraudulently filed a lawsuit against the seller to take possession of the house.
Unfortunately, selling property with a mobayeh-nameh creates numerous problems for people.
Generally, the purchase of a property is done through a qolnameh, which is a formal contract; under a qolnameh, the property is transferred from one person to another, and the buyer becomes the owner of the house.
But sometimes, before the qolnameh and contract are drawn up, a document called a mobayeh-nameh (ordinary sale agreement) is drawn up and signed between the two parties to the transaction. This mobayeh-nameh means that a contract has been concluded between the two parties, and that, by virtue of signing the contract and registering the deed, the property will be delivered to the buyer.
But sometimes a transaction carried out by way of a mobayeh-nameh can create problems; for this reason, most lawyers and legal experts believe that one should not sell their property using a mobayeh-nameh, and that there should always be a qolnameh and a registered official deed.
However, the law recognizes as the owner the person who holds the official deed, and whoever the official deed is registered in the name of is the owner and the holder of the right.
A person in whose name a mobayeh-nameh has been drawn up cannot evict the property, because the law does not recognize them as the rights-holder; however, this person can use the law to compel the owner to execute an official deed.
For buying and selling these properties, you can act in a fully lawful manner, in the shortest possible time, through our experienced lawyers.