Article 672 of the Saudi Civil Transactions Law
المادة 672 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article allows the preemptor to request that the buyer's acts made after the preemptor notified the seller and the buyer of his wish to take by preemption not be effective, while his right to preemption remains if its conditions are met.
Official text (Arabic)
This article has not been amended since the law was issued.
للشفيع أن يطلب عدم نفاذ تصرفات المشتري إذا كانت بعد إعلام الشفيعِ البائعَ والمشتري برغبته في الشفعة، مع بقاء حقه في طلب الشفعة إذا تحققت شروطها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 672 explained in plain English
This article protects the preemptor from acts the buyer may carry out on the real estate after he knows of the preemptor's wish. If the preemptor notified the seller and the buyer of his wish to take by preemption, and the buyer then dealt with the real estate, the preemptor may request that these acts not be effective.
The most important elements of the article are:
- Timing: The rule concerns acts that take place after the preemptor notified the seller and the buyer of his wish.
- The right provided: The preemptor may "request" that they not be effective; it is a right he is entitled to claim.
- The right to preemption remains: Requesting that the acts not be effective does not cancel the preemptor's right to preemption; he remains entitled to claim it if its conditions are met.
The article does not list the types of acts meant; it speaks of "the buyer's acts" in general.
The article is consistent with the logic of Article 671, which distinguishes between what the buyer does to the real estate before notification and after it; after notification the buyer knows of the preemptor's claim, which is why that article allows the preemptor to request removal of what the buyer built or planted after notification at the buyer's expense, and deducts from the price the value of what decreased through his act after notification.
Anyone who faces an act by the buyer after notifying his wish to take by preemption is well advised to consult a lawyer who specializes in real estate matters.
Practical example
Noura notified the seller and the buyer of her wish to take by preemption a share of a house in Riyadh. A week later the buyer disposed of this share to another person. Noura may request that this act not be effective against her, and she remains entitled to claim preemption if its conditions are met.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 672 of the Saudi Civil Transactions Law
What if the buyer disposes of the real estate after I claim preemption?
If the act was after you notified the seller and the buyer of your wish to take by preemption, you may request that it not be effective.
Does the right of preemption lapse if I request that the buyer's act not be effective?
No. The article provides that the preemptor's right to claim preemption remains if its conditions are met.
Does the rule cover the buyer's acts before notification?
The article speaks of acts that take place after the preemptor notified the seller and the buyer of his wish to take by preemption.
More articles on Preemption, Possession and Easements
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 658
The article defines preemption (shuf'a) as the right of a co-owner to acquire the sold real estate for the price at which it was sold plus its expenses.
الشفعة حق الشريك في أن يتملّك العقار المبيع بالثمن الذي بيع به وبنفقاته.
- Article 659
The article provides that where more than one preemptor comes together, each one's entitlement to preemption is in proportion to his share.
إذا اجتمع أكثر من شفيع كان استحقاق كل منهم من الشفعة على قدر نصيبه.
- Article 660
The article provides that if a buyer sells property subject to preemption to another before the preemptor is notified of his wish to take by preemption under Article 666, the preemptor takes it only at the price of the second sale plus its expenses.
إذا اشترى شخص ما تصح الشفعة فيه ثم باعه لآخر قبل إعلام الشفيع رغبته الأخذ بالشفعة وفقًا للفقرتين (ب) و(ج) من المادة (السادسة والستين بعد الستمائة) من هذا النظام
- Article 661
The article fixes when the right of preemption is established: when the sale is completed, provided that the reason giving rise to preemption exists.
تثبت الشفعة بتمام البيع مع قيام السبب الموجب لها.
- Article 662
The article requires, for the right of preemption to be established, that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
ليس للشفيع حق الشفعة إلا إذا كان مالكًا لنصيبه في العقار وقت شراء المشتري نصيب البائع.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.