Об этом документе

Business Weekly — Bo 5784

Выпуск: Business Weekly — Bo 5784. Темы: не определены автоматически. THE WERDIGER EDITION BUSINESS WEEKLY RESTORING THE PRIMACY OF CHOSHEN MISHPAT UNDER THE AUSPICES OF HARAV CHAIM KOHN, SHLITA Issue #690 | Bo | Jan 19, 2024 | 9 Shvat 5784 ‫לע״נ הרב יחיאל מיכל בן ר' משה אהרן אורליאן‬ CASE FILE Rabbi Meir Orlian Writer for the Business Halacha Institute BHI HOTLINE ‫לע"נ הרב אהרן בן הרב גדליהו ע"ה‬ ‫לע"נ ר' שלמה ב"ר ברוך וזוג' מרת רייכלה בת החבר יעקב הלוי ע"ה ווייל‬ Q: I engaged the services OVERPRICED OPPOSING Reuven had lent Shimon $5,000 two years ago. Common Commercial Practice #3 Based on writings of Harav Chaim Kohn, shlita Communal Regulations Returning to your case, because a real estate agent is a kablan, ‫לע"נ ר' יחיאל מיכל ב"ר חיים וזוג' חי' בת ר' שמואל חיים ע"ה‬ according to the Shulchan Aruch, ona’ah applies to him; therefore you are not obligated to pay the remainder of the fee he demanded. Chazal set limits on how much the seller would Weekly Wednesday Shiur “If you have no evidence,” Rabbi Dayan said On subjects and principles of have to overcharge in order for the buyer to demand a to Shimon, “and Reuven claims that maybe Choshen Mishpat refund of the difference between the sale price and the you never did the work, we cannot require By: Harav Chaim Kohn Shlita Dean, Business Halacha Institute actual value, and how much the difference would have him to pay.” to be in order for him to void the sale (see Shulchan Aruch “That does not seem fair,” Shimon said. Furthermore, should we not look at the seller is allowed to overcharge for them; it means the two cases together?” Or listen on Torahanytime that the buyer may not demand a refund or void the “Regarding your claim of work for Reuven,” 718-298-2077 Speaker Extension 13383 sale if he was overcharged (Pis’chei Teshuvah 227:29). “Indeed, if we were to view the two cases as one and view your supposed work for Because a poel and an eved are similar in that both must work when Reuven as payment of his loan, you could then demand an oath of Reuven; since he is unsure, he could not swear and collect. We do not say that since Reuven is unsure Some say that ona’ah will apply only to a kablan who produces whether you worked, it is like he is unsure whether his loan was repaid, in which something new, such as a tailor hired to sew a suit, because that is case he could not collect.” Verdict: When two li

Издание

Business Weekly

Дата

19 января 2024 г.

Страниц

2