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Fellow Weekly - Issue 97
WHAT'S THE LAW ™
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Encouraging intelligent and entertaining debate at your Shabbat table.
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
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CASE 197: Over the Range!
"Your fresh-cooked vegetables shouldn't come out of the microwave soft and mushy. Our sensor-equipped models take the guesswork out of cooking many common foods by using built-in sensors to automatically set power and time based on food moisture levels. "[GE Website]
"Convection oven cooking combined with microwave power produces beautifully baked and roasted foods fast. The convection fan is mounted on the right side of the oven and is surrounded by a 1550-watt heating element, allowing you to convection bake in your microwave oven at any temperature between 225 and 450 degrees."[GE Website]
Anita Gross drove by David's Appliance Depot on Reisterstown Rd. in Baltimore, MD and saw her to dream GE Profile 1790 sensor technology Convection over-the range Microwave oven featured in the storefront window.
"We have one left. We'll give it to you at our bargain giveaway price of $950. We offer optional payment plans as well with no extra fees! You won't find a better deal anywhere in town...Don't give up this once in a lifetime opportunity. By the next shipment, we're raising the price to $1050", pressed the salesman...
Persuaded...though a bit wary...Anita handed the salesman three hundred fifty dollars cash and two post dated checks for three hundred dollars each.
Driving home with her prize in her trunk, Anita stopped off for a pizza at a local Kosher Pizza Shop when she eyed an advertisement in the "Where What When" Jewish Monthly on one of the tables. Abe's Appliances featured her dream 1790 for $694. Mortified, she went home, did some homework and found that she was duly ripped off - over the range! GE's suggested retail price was indeed $694. Incensed, Anita returned the next day to David's Appliance Depot and demanded a sale reversal.
"It's a done deal Madam..."
May David's Appliance Depot charge $950 for merchandise valued at $694?
Does Anita have any recourse on the day of purchase?
Does Anita have any recourse the next day?
What is the law?
Please email us with your comments and answers at weekly@projectfellow.org.
Read next week's issue for the answer!
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Case # 196: Dollar Ditch!
After marrying off their youngest daughter, the Fischer's from Lawrence focused on actualizing their life-long dream of emigrating to Israel. Dr. Arnold Fischer planned to continue his practice on a part-time basis as a diagnostic radiologist for Beth Israel Medical Center, while Mrs. Fischer was set on volunteering as a social worker for terror victim families.
The two decided to take a pilot trip for year and rent a studio apartment on Shimshon Street in Ramat Beit Shemesh, as they shopped around for a suitable neighborhood and villa to purchase.
While planning to move in on August 19th , 2009, the Fischer's signed a lease with Doron Nadlan for $1,000 a month. They signed three months in advance on May 18th , 2009 and forwarded a security check in dollars as well. On May 18th , 2009 the shekel -dollar exchange rate was 4.169 NIS to the dollar.
As scheduled, the Fischer's moved in on August 19th , and while overcoming numerous initial challenges began to acclimate to their new environment.
On Oct. 15th, 2009 Dr. Fischer received the following shocking email from Nadlan.
" Dear Dr. and Mrs. Fischer
As the shekel-dollar exchange rate unexpectedly plummeted to 3.69 NIS to the dollar, be informed that I am switching your rent over to shekels and expect 4169 NIS a month."
Doron Nadlan
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What's the Law?
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The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Nadlan may not change the rental terms in midst of the contract. |
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Detailed Explanation
Dollar Ditch! Implicates the following four laws.
1. Land is legally acquired via four mediums; three of which are the transfer of money or effecting a contract or beginning of usage.
2. Real-Estate rentals and real-estate loans are like a temporary sale and are secured through the same mediums [Choshen Mishpat 190: 1, 195: 9].
3. After the prescribed legal acquisition means is met, a party may generally not reverse on the deal [Choshen Mishpat 189: 1].
4. When a real-estate rental has been legally secured for a defined period of time, a landlord may not adjust the terms of the lease during the tenure of the contract even if the price fluctuates drastically [Choshen Mishpat 312: 9, 10].
Application
The Fischer's secured their apartment rental or temporary sale by signing a contract. In fact, they even paid money and began using the apartment. The contract required the Fischer's to pay their rent in dollars. Nadlan may not adjust the terms of the contract on the Fischer's even if the shekel-dollar exchange plummeted in the interim.
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Note:
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
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