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Ruling: [We saw last time that we accept Israeli law, requiring a realtor’s license, a signed contract, and being the effective factor, and that it is unclear if pl was the effective factor.]
Pl understands the requirement of a signed contract just as a proof that the agent was the effective factor and therefore claims that since here it is clear (which we disputed previously) that he was such, he deserves the fee. However, it is clear from the law and subsequent court decisions that these are two separate requirements.
Pl argued that if def knew the apartment, they should have recognized if from the video in the WhatsApp advertisement. This acknowledges that if def had recognized it and used the information that it was now on the market to contact the owners, pl would not deserve his fee. In other words, he admits that this information is not enough. Rather, the agent has to perform a sufficient act of "showing an apartment," which, according to the law, must begin with signing a contract that lists pertinent details, including the address. Here, the law did its job, as before that point, def figured out that they did not need the agent.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
709 - Did the Realtor Help?
710 - Did the Realtor Help? - part II
711 - Is Continuing to Work in a Different Capacity Like Being Fired?
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On the other hand, it is likely that pl's efforts assisted def. Therefore it is noble as a voluntary compromise (pl had asked beit din not to rule based on compromise) for def to give pl a modest sum of money to reward him for the help and lessen pl's resentment.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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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)
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(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)
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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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