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Ruling: Def’s claim of pl’s ineffective work is rejected. Much of the complaints were about delay before seeing apt, which is when the contract was signed. Since def signed the contract after experiencing the "ineffectiveness," these cannot be grounds. The delays reported afterward are unproven and/or inconsequential. Even sources that allow dismissing an ineffective agent (see Chatam Sofer to Choshen Mishpat 87:39) do so only after warning, and def did not claim to have given warning.
The passage of time and modest change in price are also not grounds for exemption. Neither the contract nor the law set a time limit from introduction to the property until the purchase. Only if so much time had gone by that the idea had been forgotten could we say that the agent was no longer the effective agent (see Igrot Moshe, CM I:49). In this case, the passage of time was on technical grounds (demands of the renter). The expiration of the exclusive status with sel does not impact on def’s obligations to pl. The change in price does not fundamentally alter the deal, as prices generally went up during this time. The (unproven) prospect of there not having been a list price, while a requirement for realtor contracts, would not undo pl’s rights since def admits he was informed about the realistic price range.
The claim that def employed a different agent is not impactful either. By contract, def was not allowed to bring in someone else without notifying pl. The contract also states that def would be fully obligated even if pl’s services were limited to the initial stage, which is often the case. While if pl had refused to do further work, she would have been in breach of contract, def did not ask her to do anything that she refused to do.
Therefore, def must pay pl in full.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
769 - P'ninat Mishpat: How Far Does a Lien Go?
770 - P'ninat Mishpat: Did the Real Estate Agent Remain Relevant?
771 - P'ninat Mishpat: Upper Property’s Responsibility for Flooding
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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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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.
