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- P'ninat Mishpat
Case: The defendants are an organization formed to build a real estate development (=def1) as a kevutzat rechisha (a group of purchasers = kr) and the company that supervises the project (=def2). The plaintiffs (=pl1 and pl2) signed up to join def1 and become owners of apartments with only one spouse signed (for technical reasons), which def1 and def2’s employees said was fine. It turns out that this caused pl1 and pl2 to be ineligible for special government mortgage arrangements, and they are demanded payment of the estimated 42,000 shekels apiece over the life of the mortgage this is worth. The defendants argue that they were not obligated to arrange mortgages, that at the time of the advice given, it was not expected that buyers would benefit from government mortgages or that it made a difference if both spouses were listed as owners. Later on, switching the registry of ownership could have held up the whole group.
Ruling: The potential grounds for defs’ obligations are the pl1 and pl2’s reliance on them in a damaging manner (this is included in the obligation of garmi, which is semi-direct damage). The gemara (Bava Kama 99b) rules that if a moneychanger gave bad advice to a customer about coins, he is exempt if he is an expert, and obligated if he is not an expert. Even if he is an expert, if he was paid for the appraisal, he is obligated to pay for the mistake. The condition for obligation is that the advice-giver was aware that the customer was relying upon him (ibid.). The Netivot Hamishpat (306:11) says that if he is paid, we will assume that he is aware he is being relied upon.
P'ninat Mishpat (832)
Various Rabbis
571 - Expanding One’s Claims
572 - Bad Advice Causing Loss of Mortgage Rights – part I
573 - Bad Advice Causing Loss of Mortgage Rights – part II
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Furthermore, at the time that pls signed, it was not yet a mistake to have only one sign because the government had not yet changed the rules, which made it beneficial to use their financing, as opposed to those of banks. The gemara (ibid.) says that if there is a new situation, even in the period of time right after the change goes into effect, the advice-giver is not considered negligent in making a mistake.
Therefore, defs are not obligated for the original advice. [Next time we will discuss the period after the change.]
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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