Replacing a Damaged Book After Use

Question

Hi,We sell textbooks. Last year, a student purchased a book and used it throughout the entire school year. Now that the year has ended, the mother is claiming that there were pages missing from the book, which caused them inconvenience—having to go make copies, etc. When I asked why she didn’t contact us back then, she had no answer. She’s now demanding a replacement book, so she can either sell it or keep it for her next daughter.What is the halacha in this case?

Answer

Shalom,

 Since they used it as is, they have no right to make a claim. 

Source

See Choshen Mishpat, Siman 232, which states that if there was a defect in the item sold, and the buyer used it, it is considered that they have waived their right to complain.

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