Homebuyer couple win court order for BD20,000 refund

TDT | Manama

Email: mail@newsofbahrain.com

A couple who tried to buy a BD145,000 home have won a High Civil Court order requiring the seller and her guarantor to repay BD20,000, along with court costs and a contribution towards lawyer’s fees.

The dispute arose after the sale fell through at the final stage, when the seller required that she remain in the property for a year after the transfer of title, a condition the bank financing the purchase would not accept.

With the bank refusing to proceed, the couple went to court to recover the outstanding amount they said was owed back to them.

Client

Lawyer Mohammed Al Mahdi said his client and her husband filed a claim against two defendants, asking the court to order joint and several payment of BD20,000, plus statutory interest from the date of demand until payment in full.

Court papers said the couple signed a preliminary sale contract for BD145,000 to be paid in instalments. They paid BD20,000 first, followed by BD55,000, then BD70,000, with the bank processing that third payment.

When the bank rejected the deal due to the one-year occupancy requirement, the claimants said a written debt acknowledgement was produced for the remaining BD20,000.

It was signed by the second defendant as guarantor for the seller, with an undertaking to pay the sum within a specified period. The amount was not paid, leading to the lawsuit.

Records

The court considered the case through its hearing records.

The claimants attended, while the defendants did not appear or file a defence disputing the debt.

The judgment referred to provisions in the Law of Evidence on the standing of private documents unless the signature or handwriting is expressly denied, as well as Civil Code rules stating that contracts bind the parties and that obligations tied to future conditions do not arise unless the condition is met.

Contract

The court found that the preliminary sale contract was proven, but that completion of the sale was not possible because the seller’s requirement to stay in the property for a year ran against the bank’s rules With no challenge from the defendants and no repayment made, the court held that liability for the BD20,000 was established.

It ordered the two defendants to pay the couple BD20,000 jointly and severally, and to cover the costs of the case and lawyer’s fees.