Follow-up Inquiry on Mediation Matters
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Question
Hello, Your question was answered by the rabbis of the Beit Hora'ah and sent to you personally. Your question: I asked a question to the Rabbi, shlita, and received an answer. I request clarification as I did not quite understand! This was the question to the honorable Rabbi, shlita! Inquiry regarding mediation matters: A good friend offered me a deal without telling me there was mediation involved. I liked it and proceeded directly with the owner, who is an acquaintance of mine. During one of our meetings, the owner suggested I meet with the aforementioned person to arrange a signing meeting. I asked if there was a mediation fee and if he was taking mediation, he replied that there was no mediation and the person works with me on technical matters. In fact, I organized and brought 3 more friends to the deal - here the aforementioned person objected and wants a hefty mediation fee for all 4. My question: a. Am I obligated to pay mediation when I entered the deal knowing there was no mediation? b. Does he have the right to ask when the owner told me there was no mediation at all and not even for the aforementioned person, he just works with him? c. What is the stance regarding the other people I brought into the deal when they know there is no mediation since I dealt directly with the owner knowing there was no mediation? Answer The answer of our teacher, the Rabbi, shlita: If the first party intended from the start to demand mediation, the owner of the first deal is obligated. This is the answer of the Rabbi, shlita. I do not understand: a. Is his intention enough even though he did not tell me? b. Is the obligation only on the first deal? The answer to your question: Hello, The answer is indeed incomplete. We will check the full answer with our teacher, the Rabbi, shlita.
Answer
Hello
You yourself do not need to pay mediation as you were explicitly told not to pay.
The additional friends need to pay according to the lowest market price. And although it was not agreed with them about payment, the obligation of mediation fees falls on them as this is the way in market transactions.
Source
See Choshen Mishpat, Siman 185