What happens if the principal subsequently accepts a defect after the agent has returned the item?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent returns the item, and the principal arrives later claiming to have been informed of the defect and accepting it, and the seller corroborates this, or there is evidence supporting it, the agent's return is nullified. The principal may then reclaim the item, and the seller may return it to the principal. This is because the principal's acceptance voids the agent's authority to return. This is evident because if the principal had known of the defect initially, the agent would not have the right to return it. An exception is if one holds that the agent is not removed from the authority until they are informed of their removal.
Supporting text
If the agent approves of the defective item or retains it in a manner that terminates the right of return, and the principal later wishes to return it, the principal has the right to do so if the seller confirms the purchase was made on the principal's behalf, or if there is evidence supporting this. If the seller denies it and there is no evidence, and the seller administers an oath that the agent does not know the purchase was for the principal, then the principal cannot return the item. The presumption is that whoever purchased an item owns it, and the agent is held liable, owing a fine for the price.