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Ruling: Furniture in rental unit: The contract states that all removable furniture is not being sold, and this should include those in the rental unit. It is true that during negotiations for the sale, pl had offered the furniture in the rental unit, but it is not uncommon for certain offers to be made during negotiations and not carry over to the final sale. On the other hand, the Rama (Choshen Mishpat 207:1) says that when there is an oral understanding, followed by a contract that leaves out the matter, the understanding is valid. However, that is when the contract leaves the matter out, whereas here it says that all the furniture goes to pl. We have a major rule that a party to a contract cannot claim that he did not notice a clause (Shulchan Aruch, CM 45:3, based on the Rashba). Additionally, this contract states that it uproots any previous agreement. Although def claim that rental units have different practices in the matter than the rest of the apartment, there is no other agreement that deals with the unit, and therefore the clauses apply to the whole apartment. If the rental unit is not included, then there is no contract for it, and based on the practice in Israel, the sale cannot be valid for real estate without a contract (see Rambam, Mechira 1:4). Therefore, even if there were a local minhag to include the furniture of the rental unit in the sale, it will not be enough to counteract that which we consider explicit in the contract.
Use and storage of the rental unit furniture: Beit din will not consider these claims. In the compromise agreement the sides accepted, it lists which issues remain open and which are settled by the compromise. This is one of the matters that is included in the compromise settlement.
Next time we will finish up our treatment of the ruling.
P'ninat Mishpat (831)
Beit Din Eretz Hemda - Gazit
837 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
838 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
839 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
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P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
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