Canceling a sale after using the product
Question
Shalom.
A man bought a sweater for Shabbat, and the tag was on the outside. He told the seller that it bothered him, and the seller told him to tuck it in and that it would be fine. In practice, it kept coming out all the time. After Shabbat he told the seller that he wants to cancel the sale. The seller told him that since he wore the sweater all day, he can no longer sell it now. May he cancel the sale?
Answer
Shalom u’vracha.
If the reason he did not immediately remove the sweater was that he had no other sweater, or because he thought that later the issue would be resolved, he may cancel the sale. But if neither of the above reasons apply and nevertheless he continued using the sweater, he may not cancel the sale.
Source
Siman 332, se’if 3: In a sale where there was a defect, if the buyer continued to use the item after noticing the defect, this is considered forgiveness (mechila), and he can no longer claim cancellation of the sale. However, if there was a justified reason why he continued to use it, then even without such forgiveness he may still claim cancellation of the sale.
