In fairness you say these PE's are worth $40, now all shai has to do is say he wants $1040 for the account, he'll take the $40 from that, and you can have the rest for $1000, which is still a fair price.
If the PEs werent there would you have bought it for $1000? Of course you would.
If you're saying the deals null and void due to the lack of PEs would you give everything back to shai for the $1000 you paid? I bet no :P