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Ruling: An agent who introduces the property to the buyer is usually considered the purchase’s "effective factor," who deserves the agent’s fee. The claim that even without the agent, the buyer would have learned of the property from someone else is not a reason to preclude payment from the one who introduced it. This is certainly so here, where, by def’s admission, pl and def had 20-30 phone conversations and exchanged many emails. The job of an agent includes bringing the parties to agreement, which sometimes includes trying to convince one side more than the other. Thus even if pl’s belief that she saved def from losing apt is untrue, pl did enough to facilitate the sale to deserve a fee. The fact that pl initially presented an inaccurate price did not end up being a problem, as def determined that apt was well worth his while even at the higher price.
At different times during his presentation and answering questions, def said things that contradict his contention that it was unclear that pl was an agent (who always receives a fee from buyers). The ad he saw referred to pl’s business as an agency. Def said that he did not ask pl whether/how much she would take as a fee because he was afraid to do so, as agents like to take 2%. Also, when the renter allowed buyers to see apt, def was there with several agents and buyers, which would not happen if pl was sel’s marketer.
We usually uphold the Israeli law that an agent must be licensed and sign clients to a contract, as this is a proper practice that limits disagreements. However, pl is an experienced agent whose rebbe is against her holding a government license, and many in that segment of society (to which def belongs) do not sign people on an agent’s contract, seeing it as a lack of trust. We are unwilling to facilitate def coming in bad faith and using technicalities and patently false claims to avoid paying for a valuable service he received.
Next week we will see a disagreement between the dayanim on how much def should pay.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
693 - Who Breached the Contract? – part IV
694 - Agent who Did Not Set Agent’s Fee
695 - Did Beit Din Research Enough?
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
