What is the legal standing when the appointed trustee sells the property but the buyer is unaware that the seller is acting as an agent?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the buyer is unaware that the trustee is an agent at the time of sale, the buyer has recourse against the trustee. The trustee may then seek recourse against the mortgagor if the mortgagor admits the agency or if there is clear evidence supporting it. If the trustee denies the agency, his word is accepted upon taking an oath.
Supporting text
If the trustee refuses the oath, or if the oath is returned to the buyer who then swears the claim, the buyer returns against the trustee, but the trustee cannot then return against the mortgagor because doing so would constitute an admission that he wronged the mortgagor.