Explanation of Article 352
The article clarifies that the buyer is obligated under the contract of sale to cover the expenses of fulfilling the price, the expenses of receiving the sold item, and the expenses of the contract of sale and its registration. Below is a breakdown of these expenses:
First: The expenses of fulfilling the price, which are related to his obligation to fulfill the price. Since the buyer is the debtor in fulfilling the price, the expenses fall on him. This is an application of the general rule stated in Article (27): (The expenses of fulfillment are on the debtor unless there is a statutory provision or agreement to the contrary). Examples of the expenses of fulfilling the price that the buyer bears include if the fulfillment is made via a bank transfer or an electronic means, the buyer bears the expenses incurred from using this method.
Second: The expenses of receiving the sold item, which are related to the buyer's obligation to receive the sold item. Since the buyer is the debtor in receiving the sold item, the expenses fall on him, in application of the aforementioned general rule. The expenses of receiving the sold item refer to the expenses of physically taking possession of the sold item and transporting it from the seller's location to the location desired by the buyer. If transporting the sold item requires paying customs fees or the like, the buyer bears them.
Third: The expenses of the contract of sale and its registration, which is the third obligation of the buyer under the contract of sale. This obligation is independent of his obligation to fulfill the price and his obligation to receive the sold item. The expenses of the contract of sale include any expenses due to non-contracting parties related to the contract of sale, whether the party entitled to these expenses is a public or private entity.
These expenses include: the expenses of drafting the contract of sale, whether it is written on an ordinary paper or an official paper where the buyer bears the fees of the official paper. They also include the lawyer's fees who prepared the contract of sale, and the expenses of inspecting the sold property in the real estate registration authorities to verify any third-party rights on it. They also include the necessary expenses to prepare the contract of sale for registration according to the real estate registration system and the expenses required for that.
According to what the article contains, any other expenses related to the contract of sale - except for expenses related to the seller's obligations such as the expenses of delivering the sold item - are on the buyer. For example, if the seller and buyer agree to deliver the sold item in a specific warehouse, and this warehouse has a fee, the buyer bears it from the date the seller deposits the sold item in the warehouse and informs the buyer of the delivery.
The ruling contained in the article does not relate to public order but is a supplementary rule to the will of the contracting parties. Therefore, if the contracting parties explicitly or implicitly agree otherwise, it must be adhered to. This includes if the custom or practice of the contracting parties is otherwise, as confirmed by the end of the article.
It is worth noting that if the seller pays all or part of the expenses due on the buyer, the buyer must compensate him for them. Otherwise, the seller may demand them. In fact, according to the general rules of the right of retention, the seller has the right to retain the sold item until the buyer reimburses him for the expenses he paid. The seller may also request the annulment of the sale for the buyer's breach of his obligation to pay the contract expenses. The general rules of annulment apply to this; the court will not grant this request unless it sees in this breach a justification for annulment and that the seller was not abusive in exercising his right.
Related To
Article 352
The buyer shall bear the costs of payment, delivery of the sold item, and the sale contract and registration thereof, unless agreed otherwise.