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Ruling: [Last time we saw that pl was an effective factor in the transactions and that while def are generally responsible for what they signed, their lack of full understanding will play a role.]
The Law of Real Estate Agents includes a requirement that the client sign a detailed agent’s contract, including details on the property involved, which was missing here. Our beit din recognizes the validity of this law in regard to cases in which it might not have been clear to the client that he would have to pay for the service. This applies to this case, in which, with def’s limitations, it is quite possible they did not understand. Therefore, pl is not entitled to an agent’s fee.
On the other hand, while generally the full amount is due regardless of how much work was needed (a feature of a real estate agent), def should pay pl only for the amount of work he put into it. This is based on the concept of one who did work for someone else, without agreement that he would be doing so. This in turn is based on the Rashba (Shut IV:125), who talks about two reasons to obligate – local minhag and the benefit one provided with his work. He writes both because there are times when one of the factors is missing. In this case, the conditions of the law prevent the minhag from being able to obligate full payment, and therefore there is only room to obligate based on the work and its benefit. Based on the very significant amount of work that pl put into this acquisition, we obligate def 10,000 NIS. According to beit din’s minority opinion, pl should receive a 1% fee, as def should have understood what they were signing. Only because of the slight possibility that they did not, he reduced the fee from 2% to 1%.
We reject def’s claim to have money returned from that which was paid on the first transaction. First, there were two different contracts that were signed, and def should have been aware of the contents of each one and what it obligated. The fact that they already paid strengthens the assumption that they had been aware that they were obligated.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
705 - Did the Renovations Cause Damages?
706 - Realtor Fee Without a Contract – part II
707 - The Binding Nature of the Tentative Agreement – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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