If A Worker Purchases A Different Item Than The Owner Intended To Buy, Is He Liable?

Rav Baruch Meir Levin

Question: In a previous segment, we discussed a case where a shliach did not carry out his instructions as intended, and we said that the transaction is not valid. In the case discussed, where the shliach rented an apartment on behalf of the meshalayach that he did not want, does the shliach have any liability to the owner of the apartment who is going to lose his renter because of his actions? 

Answer:  Technically, the shliach should not have any liability since he did not intend to rent the apartment for himself. The Rambam, however, says that if the shliach did not notify the landlord that he was renting the apartment on behalf of someone else, the landlord can assume he is renting it for himself and that he accepts liability. Accordingly, he would only be exempt from liability ifd he clearly told the landlord that he is renting the apartment for someone else. 

Question: Does that mean that a landlord has no recourse if people inform him that they are renting on behalf of others? What can he do so as not to be struck in that situation?

Answer:  The only thing that he can do is to tell the shliach that he either has to accept personal liability or get the meshalayach to sign on that he accepts the apartment. Otherwise, he is renting at his own risk.