Chapter 62

Rescission of Sale and Purchase, and Non-Delivery after Sale

He who, having bought and received an article, does not take it, or does not give it if it is unflawed, shall, after paying a tenth part of the price, get his own article. // K_683 //

If the time for the transaction has not arrived, one should not make him pay. Thus is the law, but after ten days, there is no rescission. // K_684 //

For land, the seller has ten days, and the buyer also. For kinsmen, it is twelve days, and for others, less than this. // K_685 //

The man who, having bought an article such as a milch animal, wishes to rescind the purchase and abandons it, if it is unflawed and within the proper time, he shall forfeit a tenth of the price. // K_686 //

A wise buyer who, having bought something, wishes to rescind the purchase after it has come into his hand, shall, after paying a sixth part of the price, abandon what he bought. // K_687 //

What was bought without being known to be defective, and is later found to be so, that must be returned to the owner if it is within the time limit; otherwise, not. // K_688 //

He who, having shown a flawless article, delivers a flawed one, shall be made to pay double the price and an equal amount as a fine. // K_689 //

If the merchandise is damaged, burnt, or stolen, that loss falls on the seller who does not deliver it after selling it. // K_690 //

The buyer who does not take the merchandise that is being delivered to him—the seller is not at fault if he sells it elsewhere. // K_691 //

What is sold by one who is intoxicated or insane, or for a low price out of fear, or by one who is not independent or is deluded, that must be given back to him. // K_692 //

One should examine a milch animal for three days, and a beast of burden for five days. For pearls, gems, and corals, the examination period shall be seven days. // K_693 //

For bipeds, it is half a month; for men, it is double that for women. For all kinds of seeds, it is ten days; for iron and cloth, one day. // K_694 //

If any defect in the merchandise appears before this time, it must be returned to the seller, and the buyer shall get back the price. // K_695 //

A garment that has been worn, is faded, or is soiled, even if it is defective, if bought, it cannot be returned to the seller. // K_696 //

What is bought in common, a base man should not give, take, or receive alone, nor should he sell it. // K_697 //

A buyer who, having bought an article for a price, thinks it a bad purchase, may return it to the seller on that very day, if it has not been examined. // K_698 //

A buyer giving it back on the second day shall forfeit a thirtieth part of the price; on the third day, double that; after that, it belongs to the buyer. // K_699 //

Dividing the value of the article into five parts, three parts are said to be the price, the fourth part is the profit, and the fifth is said to be the truth (commission/tax). // K_700 //

A fraudulent contract, an exchange, or an unequal transaction by more than a third, and a purchase made even by command, may be annulled within ten years. // K_701 //

Without the permission of kinsmen and blameless neighbors who are nearby, the law of sale and purchase of land does not exist; this is the determination. // K_702 //

In one's own village, it shall be ten nights; in another village, three fortnights; in another country, six months; and where the language is different, a year. // K_703 //

If a taxpayer has fled with the surety for the tax, the assessors may sell the taxpayer's field for the sake of the tax. // K_704 //

By neighbors who are assembled, knowledgeable, and fearful of sin, for fields, gardens, houses, and the like, and for bipeds and quadrupeds... // K_705 //

...the price is determined, they say, by dividing it into eight parts. A price that is more or less than one part is remembered as improper. // K_706 //

Even after a hundred years have passed, all that is annulled, in a sale and purchase, whatever price it justly deserves. // K_707 //

If, in a sale and purchase, the price is less by a fourth, fifth, sixth, seventh, or even an eighth part... // K_708 //

...all that transaction at a low price, though done, becomes undone. If the deficiency is less than that stated, the sale is not vitiated. // K_709 //

Other knowers of the law say that if it is deficient by any of these parts in the price of a sale, it is considered undone. // K_710 //

A sale is valid if the price is more than half; the stated profit is more than a tenth; a lease is for a third; and a sale on approval is immediate. // K_711 //

Even with a small payment of the price, the validity of the sale is established. It must be paid with compound interest if not paid by the agreed time. // K_712 //