Question:

I bought a sheitel last minute for my sons bar mitzvah. On the afternoon of the simcha, I went to have it set and realized that the color was very dark and I am blond. I had no other wig set and complained to the sheitel macher. She refused to wash my other one for it was afternoon and wouldn’t have time to do it.
I wore the wig to my simcha and felt horrible!! Everyone comented about how weird to go so dark! I was humiliated!

After the simcha was 8 days you tov. I contacted the sheitel place and disussed my frustration. She wanted me to give it back to her so that she can sell it. I gave her a $ 1500 deposit an still owed her $1000. She was going to sell it , get her $1000 and give me the remainder of 200-300dollars cuz it last it’s value since I wore it once. Now I am out $1500 and a wig! Is this how it works with a purchase that went sour?
Please advise.

Answer:

This sure sounds like the purchase went sour.

Regarding what can be done. Essentially we have a question here if the purchase was a mistake (mekach taus) or not. And it will depend if it was possible to tell that it wasn’t the correct color in the store when it was bought. If it was possible to tell that it was the wrong color there then it isn’t a mekach taus, however if you couldn’t see the “defect” then it isn’t a mekach taus.

Aside from this, I think you should check out if the value of a $2500 Shaitel worn once goes down by $1200, maybe it can really be sold for more than that.

Another point, maybe it is possible for you to have the shaitel dyed to your hair color, and this way you won’t lose out on the money or the shaitel.

Sources:

CH”M 232-3 and Nesivosh Hamishpat ibid -5, that if it was used after noticing that it was faulty, however see Pischei teshuva ibid -1 that if the purchaser was in dire straits, and that is why it was used then it could be that it isn’t as if he was mochel. However if it could have been noticed in the store then, we can’t say the purchase was a mistake.

Tags: returning purchase

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