YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: This case undoubtedly contains many unclear elements, which require either a settlement or adjudication in beit din, but we will address your main inquiry in general terms.
Fundamentally, a sale is the transfer of an object from the ownership of one person to another, as opposed to obligating the seller to give or do something for the buyer. Thus, the seller has a good point, when refusing to take a course of action, despite the flaws in the property and his behavior. Rather, the buyer’s general recourse regarding purchases that turn out to be seriously flawed is to nullify the sale (see Shulchan Aruch, Choshen Mishpat 232:3).
Some sources do indicate that the seller is required to act to fulfill the buyer’s basic expectations from the purchase. For example, there is an opinion that if one made a purchase before a document was written but pledged to write one, he can be forced to write it and cannot opt to nullify the sale (Shulchan Aruch, CM 243:9). The Imrei Yosher (II:52) explains that the document is part of the process of the purchase.
However, these sources are quite different from your case. For one, there the buyer pledged to write the document. Here, even if (we do not know) the seller said or implied the property had a complete permit, he did not pledge to take further steps to get it to that point. If he gave a false picture of the present situation, there may be grounds for nullifying the sale, but not to force him to take the action you desire. Second, in the case of buying property second hand, dealing with building permits is not part of the sale process (when buying from the developer, the contract usually states what his legally required steps are).
The Rosh (Shut 96:6) says that if one buys an object with a flaw that can nullify the purchase, the seller can, under certain circumstances (see Shulchan Aruch and Rama, CM 232:5), say that he is willing to fix it rather than allow the purchase to fall. Our question is the opposite situation: can the buyer say: "Rather than have to nullify the sale, I demand of you to fix the flaw." The Ulam Hamishpat (ad loc.) understands from the Rosh that he can demand that the seller either fix the problem or reduce the price so the buyer can. However, some Acharonim (including Lev Meivin, CM 144( disagree. I believe that the latter opinion is correct. Realize also that the Rosh says (Bava Batra 5:14) that a seller who overcharges by enough that the sale can be nullified cannot be forced to return the overcharging if he prefers to cancel the sale. Similarly, the Shulchan Aruch (CM 232:4) says that a seller can opt to nullify a sale rather than reduce the price due to the flaw. The Ulam Hamishpat is also clear that he is only referring to cases where that which needs to be done is readily accomplished. In fact, even if one promises as part of a sale to do something, he can only be forced to do so if it is readily accomplished (see S’ma 209:23).
Therefore, in your case, it does not appear that you can compel the seller to take complicated steps that may or may not rectify the situation, although there may be various claims that can be made on him.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
185 - Sharing Surprising Grounds for Leniency
186 - Requirement for the Seller to Fix the Situation
187 - Protecting Sefarim But Aiding Terrorists
Load More
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
