Community Magazine March 2009

96 community magazine T orah law serves to protect the interest of the consumer. Deceptive and unfair trade practices, price fraud, and the sale of damaged or irregular products are only some of the consumer-related issues dealt with by the Bet Din. Although shopping is America’s favorite national pastime, it is a serious matter which requires caution and foresight in order to prevent undue aggravation. The following cases and verdicts not only inform the consumer of their legal rights, but also serve as a guide to the shopper of how to buy and beware. Furthermore, the detailed Halachic analysis presented in this article should indicate to the reader that a competent Halachic authority must be consulted before deciding what is just and fair in consumer rights issues. Case 1 Disappearing Car Case 2 Pickup with Problems Case 3 The Chair Shortage Raymond was prepared to purchase Ezra’s automobile for $7,000. Being that the two men worked together in an office conveniently located near the Department of Motor Vehicles, they decided to transfer the title of the car to Raymond prior to his payment. After title was transferred, they each proceeded to their respective homes. Raymond intended to gather the $7,000 due, and Ezra to deliver the car to its new owner. To Ezra’s surprise, the car which was last seen parked on the street in front of his home was stolen. What was unclear was whether the car was stolen before or after the transfer of title. Ezra, who was not insured for theft, claimed that Raymond was liable to pay him the agreed upon sum of $7,000, insisting that the car was transferred to Raymond’s name before it was stolen. Raymond, however, contended that the car had very likely been stolen before it was transferred to his possession, and he by no means agreed to purchase a car which was already stolen. Furthermore, he had not yet taken physical possession of the car, and so he claimed that he was not liable to bear the cost for the loss. Whose argument should Bet Din accept? Avi was a used car salesman who specialized in commercial trucks and vans. Morris needed a heavy duty pick up truck for his construction company, and purchased from Avi a 1999 Ford truck for $8,000. After driving the truck for only two weeks, it became apparent to Morris that he had bought a real “lemon.” One part after the next needed to be changed, until finally the engine blew and the truck was out of commission. The total cost of repairs amounted to more than half the purchase price, and Morris summoned Avi to Bet Din claiming that the deal was off and that he was entitled to a full refund. In defense, Avi plainly explained that the truck had always been in good working condition and never had any mechanical problems. Avi therefore refused to participate in any of the costs to repair the car, and was certainly unwilling to return Morris’ money. How should Bet Din rule? Alice and Sam found a dining room set suitable for their family needs. They ordered 18 chairs and an extra long table fromHarry, a local furniture dealer, who informed them that he had the table but only 12 of the chairs in stock. The remaining six chairs were ordered from Italy with the expected delivery date in three to four months. Alice and Sam paid the full price of $9,800 and received the initial shipment of 12 chairs and matching table. Three months later, they contacted Harry expecting the chairs to be delivered as promised. After contacting his Italian connection, Harry regretfully informed them that the chair model that they had ordered was discontinued. He offered to return the money he was advanced for the six undelivered chairs, a total of $1,800. Alice and Sam, however, insisted on returning the entire dining room set and receiving all their money back. Blessed with a large family, they explained, they had no use for the table and 12 chairs without the remaining six chairs. Harry acknowledged their position, but defended that the unfortunate circumstances were beyond his control, and he could not take back a dining room set which was used for over three months. Should the Bet Din decide in favor of the couple, or of the furniture dealer? C ONSUMER R IGHTS From the files of the Bet Din Rabbi Max Sutton, Rosh Bet Din Aram Soba, Jerusalem, Israel