Saturday, December 12, 2009

Halachos of the Daf

Paying for One Item
and Receiving Another

In an instance where a buyer paid for an item of a certain quality, and finds that he received either an item of a different quality, or a different type of that item, the halachah will depend in the different scenarios.

1) The buyer paid for a superior quality and received an inferior quality: This is not a mekach ta’us (a mistaken or fraudulent sale), since the item which the buyer paid for, is in fact the one he received. Rather the quality which was received is not worth the amount paid. Therefore only the buyer has a right to return the item and get a full refund. This is true even in a case where the price had risen, and the inferior is worth the same amount as he had paid; since the buyer might have specifically wanted the superior.

2) The buyer paid for an inferior and received a superior: Only the seller has a right to void the sale.

3) The buyer paid for and received the same quality: Neither the buyer nor the seller may retract. Even if the item is not the best or worst quality (i.e. the buyer can’t claim that when he paid for the superior he thought he is getting the very best).

4) The buyer paid for one type and received a different type: For example the buyer paid for red wheat and received white wheat. Since both types of wheat are commonly bought, the buyer and the seller may claim that they specifically wanted to buy/ sell this specific type, and they may both retract.