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Ruling: Since the document that the sides signed states that all other agreements are void, even if the unsigned one could have been relevant, it is not consequential. Actually, though, even the clause in the unsigned document only absolves def from payment if they try and do not succeed to sell their rights to a third party.
Regarding grounds for a refund, the fact that def1 has not succeeded in years to transfer ownership to pl is not grounds for breach of contract. The nature of this niche of property acquisition in Yehuda and Shomron is arduous and speculative, and pl did not prove that def1 did not go about it seriously. Regarding comp2’s rights to the land, it is true that def was unable to provide strong evidence, but they did provide some indications, and it is possible that according to Jordanian law, which applies here, it may suffice. Therefore, pl has not proven a mekach ta’ut (erroneous purchase) based on this alone.
However, what is sufficiently indicative of mekach ta’ut is that def1 was requested and warned several times to substantiate his claim of a share in comp2 and did not do so. The Rosh (Shut 107:6) rules that a litigant’s failure to provide information beit din seeks when he is presumed to have it is a strong indication that his claim is contradicted by what he is withholding. The claim of a close relationship between def2 and the owner of comp2 was not proven. Even if it were, a buyer should not be expected to rely on such trust between his seller and the possible owner of rights. Thus, there are multiple reasons to consider the purchase a mekach ta’ut.
We continue with more next time.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
833 - P'ninat Mishpat: Problematic Lights?
834 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
835 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
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Beit Din Eretz Hemda - Gazit
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 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: 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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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
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