Q: I hired someone to paint four rooms. He gave me a bill for $1,200, but I remember the estimate as being $1,000. What do we do?
A: To avoid disagreements of this sort, it is advisable to get a written estimate. In this case, however, there is no evidence to resolve the dispute.
Since the painter claims $1,200 and the homeowner admits that he owes $1,000, the homeowner is modeh b’miktzat (i.e., he admits partially to the claim). Therefore, the homeowner must pay the $1,000 that he admits and take a severe oath in court that he does not owe the remaining $200. (SM”A 89:17) However, most batei din nowadays refrain from imposing oaths and encourage reaching a compromise instead.
If the homeowner does not remember clearly whether he agreed to $1,000 or $1,200, he must pay the full sum. This is because he is unable to take the severe oath in which he is obligated. (C.M. 75:13)
However, if the homeowner already paid the $1,000, or is prepared to pay immediately, the nature of the oath is subject to a dispute beyond the scope of this column. (See C.M. 89:4 and Shach 89:10) Furthermore, in this case, if the homeowner does not remember, he cannot be made to pay the extra $200 – but it is meritorious for him to do so. (C.M. 75:9 and Shach 88:36)
Authored by Rabbi Meir Orlian
These articles are for learning purposes only and cannot be used for final halachic decision. The Business Halacha email is a project of Business Halacha Institute (www.businesshalacha.com) and is under the auspices of Rav Chaim Kohn.
{Matzav.com Newscenter}
always get a written estimate or price to avoid these machlokes.
if he agrees that he told you 1000 but says that the extra 200 is for unexpected charges, the law would be different – is he arguing that he ever said 1000?
This all needs to go into the shayloh asked.
#2 — your new details are not part of the original shaila.