Tuesday, November 1, 2022

Fwd: Business Halacha Daily

---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info@baishavaad.com>
Date: Tue, Nov 1, 2022, 8:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>

Can A Seller Insist That The Customer Needs To Request A Refund From The Original Seller Rather Than Himself?

Question: Reuven bought an item from a store, and when he arrived home, he noticed it was defective. He returned to the store with the item and receipt and told the cashier he wanted a refund. The cashier replied that he is just the middleman and Reuven needs to call the original seller and discuss it with them. Can the buyer insist that the seller he dealt with take personal responsibility?

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Rav Baruch Meir Levin

Answer: As a rule, when a shaliach does not notify the other party that he is a shaliach, he must take responsibility for the sale. However, if it is clear to the buyer that the person he is dealing with is not the original seller and he is just an agent for a company, the agent would not have liability. The Poskim add that even if the store did notify the buyer that he is a shaliach, he needs to identify to the buyer the name and contact of the actual seller in order for him to not be liable.