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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Lateness – Pl presented strong proof, based on his actions soon after signing the contract, that he understood from def’s sales agents that he would receive the stores soon after signing. He also cited a reference in the contract to a large payment that must be made 30 days prior to the date of availability, no earlier than 1.3.2017. Pl claims that this shows that this was the approximate target date. Def pointed out clauses that set the date as the later between 24 months from the time of a building permit and 28 months from the signing of pl’s contract, which was much later. Pl explains that the reason for this late date is that most of the buyers bought much earlier, before the building was underway, and the clause about time from the signing of the contract does not apply to him, who bought later and was orally promised imminent availability. Pl also argues that he signed the contract without having it reviewed by a lawyer.
Ruling - We follow written contracts over oral assurances and the buyer’s intentions. This is a general halachic rule (see Eretz Hemda ruling 78005-2). Even if we were to accept that there was an oral commitment, it is possible that it was preliminary and superseded by the contract. Also, a clause in the contract states explicitly that only the written contract is binding. There is no proof from the payment schedule because it dealt with payment alone, not the obligation to make it available. Pl was also not specific regarding who had made a commitment to him, and thus even if there was a commitment, it might not have been authorized. Therefore, there is no payment for lateness.
Stopping the workers – A significant representative of def, who gave pl the keys, confirmed that he had, on a basic level, given pl, who had paid almost all of the selling price, permission to work on the stores. Therefore, pl had every right to assume that he could bring workers. Even if def had the power to stop the work, they have to compensate pl for the money he wasted relying on the initial assurance (see Rama, Choshen Mishpat 14:5). However, pl did not sufficiently document how much money had been lost based on this misinformation. Based on compromise, we obligated def to compensate pl 2,000 NIS for this.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
755 - Various Issues Regarding a Printing Press – part II
756 - Problems Arising from the Sale of Stores in New Project – part I
757 - Should the Will be Updated? – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 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: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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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