Question:
I’m reaching out for a friend. He’s involved with Stam and was asked to source a sefer Torah. He reached out to some contacts and one presented an option within the requested budget range. He forwarded the details and the sample image to his client, who showed interest. In order to move forward, my friend asked to review the entire Torah as he wouldn’t rely on a sample picture. Upon doing so, he realized that he recognized the writing as a Torah offered to him in the recent past for 15,000nis less and confirmed that this is in fact the same Torah and that the cheaper offer still stands. The source who offered it to him for less is likely in direct contact with the sofer while the present source who’s offering it to him is a few hands away. The shaila is that he’d never have considering offering this sefer to his client because the budget allowed him to offer his client a Torah that would cost him around 5000-25,000nis more so it didn’t dawn on him to offer this Torah.
- Now that he offered it and his client may be interested (at the price quoted to him) can he buy it from the original source for 15,000nis less to save money for his client or since he never would’ve presented this Torah as an option, if it weren’t for the present source, must he buy it from him at the higher price? His client has no idea that it’s available for less and seems okay with the price as quoted.)
- If he’d need to purchase it from the more expensive source, if his client decides against this Torah, could he then inform him that he found another source who can do it for less in order to try to revive the sale and then buy it from him, since in any case the present source is out of the picture?
Answer:
Hello,
- The extra 15,000 shekel is not money that is coming to him, therefore he can not buy it and then resell the sefer torah, however the regular commission that he is owed he may collect.
- He can tell the client that he can get the sefer Torah for him for a cheaper price and sell it to him for the cheaper price. Although this would be cutting out the original person who wanted the higher price, however since your friend did know of the person selling it for cheaper, and he might have gone to him for a different customer who would want a sefer Torah at that price, therefore he is not obligated to give the other seller a commission.
Best wishes
