Friday, June 12, 2015
the rooms and knew exactly what you were getting.” “But you misled me,” argued Mr. Rubin. “You RABBI MEIR ORLIAN Restoring the Primacy of Choshen Mishpat told me the total area is 2,600, and it’s smaller than that.” “You had ample time to verify that,” said Yoram. Yoram Stein was moving to Israel, “You can’t raise the issue now. I made so he put his house up for sale. Mr. Ru- a mistake; I didn’t remember clearly.” RABBI MEIR ORLIAN Restoring the Primacy of Choshen Mishpat Yoram and Mr. Rubin decided to bin inquired about the house and arconsult Rabbi Dayan. ranged to see it. “Yoram overstated the size of his Yoram took Mr. Rubin around the house,” said Mr. Rubin. “What recourse house, showing him each room. “How large is the house?” asked Mr. do I have? Can I deduct from the purchase price?” Rubin. “The answer depends on the terms “The original house was 2,000 square feet,” Yoram replied. “We added of the purchase agreement and local three rooms with another 600 square customs,” replied Rabbi Dayan. “The Mishnah and Gemara [B.B. 103b-107b] feet.” “Which are the additional rooms?” differentiate between various formulations of sales agreements.” Mr. Rubin asked. “What, for example?” asked Yoram. “We extended the east side,” Yoram “If a person sold a property “midah said. “These are the additional rooms.” “We are seriously considering the b’chevel,” as measured, any discrepanhouse,” Mr. Rubin said, after seeing the cy must be made up or refunded,” exhouse. “We will be in touch after Shab- plained Rabbi Dayan. “If he said, “hein chaser hein yaser,” more or less, apbos, b’ezrat Hashem.” The Rubins decided to purchase proximately, or simply mentioned the the house. After some bargaining, the size and the buyer saw the property, sides signed a purchase agreement for a variance of one-twenty-fourth, or 4 $300,000 and set a date for the closing. percent, is considered acceptable; more At the closing, Mr. Rubin said: “I than that must be made up or refunddiscovered that the additional rooms ed. If he clearly demarcated the borare not 600 square feet, but only 500. ders and the person saw the property, I am not willing to pay more than even a variance of one-sixth, or sixteen percent, is considered acceptable. If the $275,000 for the house.” “But we agreed on the price of Continued on p.72 $300,000,” objected Yoram. “You saw
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