THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXII Vayakhel- Shabbos Shekalim BUYING BUYERS It’s a jungle out there! Competition is fierce, and in today’s “dog eat dog” world of commerce one must use innovative ideas and tactics to make the sale, secure the client, or broker the connection. But where does innovation and corruption meet? Where do we draw the fine line between staying ahead of the game, and employing immoral maneuvers to outdo your competitor? As a matter of Halacha, it’s a very fine line. By: By: Rav Dovid Grossman, Rosh Bais HaVaad

Kickbacks Offering or accepting referrals or kickbacks can lead to a number of potential problems. It is important, that whenever a salesman, a builder, a buyer, a decorator, or referring professional contemplates giving or taking a kickback, they must use extreme caution so as not to transgress any of the following four potential issues: Embezzling the buyer’s salary or a builder or decorator’s fee. A buyer’s job is to represent and protect the purchaser in an unfamiliar marketplace. Similarly, a builder – who charges “cost plus” - or a decorator who bills by the hour is a hired employee who is working solely for their client. They are expected to shop and negotiate on behalf of the homeowner and work with the buyer’s sole interests in mind. Any of those professionals that allow their decision-making abilities to be influenced by a potential kickback is not fulfilling their obligation to the client. The wage would therefore be undeserved, and receiving it may constitute gezel.