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Ruling: A handover protocol is an official document used as standard procedure and is also mentioned in the contract. It is thus binding. The fact that def recorded disagreement on certain items also shows that when it signed on others, it admitted that they had merit. Therefore, def is unable to take back its acceptance unless it proves that it made an understandable mistake about something it agreed to.
Def is correct, based on Halacha, common practice, and the sides’ contract, that it has the right to do the necessary repairs itself. However, when long enough went by without def accepting responsibility and fixing it, pl had a right to have some of the work done and deserves compensation. [The details of which flaws and how much compensation are beyond this presentation.]
Regarding the payment for delay, the complaint of inaccuracies (time, type of apartment) that pl complain about have basis, but the alternative amount that pl presented is also inaccurate and is based on the high range of the market. One of the appraisers pl brought is unacceptable because of her interest in the matter, and another lacks professional qualifications. Beit din concludes that the basis for the calculation should have been 9,000 NIS a month. The claim that def was not responsible for the delay is unproven, and in any case, the apartment was due before the pandemic began. If def really believed it was exempt, it would not have paid. Even if pl did not lose from the delay, this is irrelevant because the payment for late handover is not a damage payment but based on agreement between the sides, mandate of the law, and it is found in the contract.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
802 - P'ninat Mishpat: Late and Flawed Apartment
803 - P'ninat Mishpat: Multiple Agreements and Parties – part II
804 - P'ninat Mishpat: Multiple Agreements and Parties – part III
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 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 Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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