Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (834)
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
Load More
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
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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
