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Downpayment/ Yoshor Vtov

Question:

BH
I was asked by a community member the following shailo: A number of years ago he gave a down payment to a frum person who was selling his home. He signed a contract that if the deal fails, he loses the down payment. It turned out, that the deal failed since the banks rejected his loan due to a n investigation against him. The down payment was over 200,000 AUD. The owner sold his home shortly afterward for a much higher amount but refused to return any of the money. Is there any Halachic ground to tell the seller to return some of the money?
Thank you

Answer:

Hello,

On the surface, based on what the person is saying, it sounds like this is the condition that he agreed to. However such a question can only be answered theoretically, until a Rov will hear both sides of the story.

Best wishes

 

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