Backing out of a transaction before a down payment | Cancelling transactions | Ask the Rabbi - SHEILOT.COM

Backing out of a transaction before a down payment

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Question

Shalom.

Tefillin were ordered from a sofer, and the sofer asked to be given a down payment, but it was not given. May he now cancel and make arrangements with another sofer?

Answer

Shalom u’vracha.

If the order was fully finalized and the sofer merely requested a down payment, then if he backs out there is grounds for complaint against him. However, if the sofer originally made the order conditional on receiving a down payment, he may retract from the deal.

Source

Siman 333, se’if 1

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