In any event, I certainly did not get the impression that the plaintiffs' claim regarding the lack of knowledge about clause 15 prior to the signing of the contracts is more convincing than that expressed by the transfer of a concealed hearing venue. Given that the burden of proof rests on the plaintiffs' shoulders, it certainly cannot be said that in this situation they have succeeded in lifting the burden imposed on them by proving that Mualem did not inform them about clause 15 of the lease contract.
In the meantime, the plaintiffs did not view the transfer of the venue of the hearing as their representative for all intents and purposes. As noted, they consciously chose not to inform him because they were required to record in the contracts sums different from those they actually paid, and that they were asked to submit all the sums in a group for the transfer of the Goren hearing venue without most of them being allowed to access it. The plaintiffs feared that if they informed Mualem of the transfer of a hearing venue about this, he would refuse to sign them to the contracts. For these reasons, the plaintiffs did not even consider giving weight to his words as to the nature of the contract and its terms, and even the lawyers in them ignored the clear wording of the contract they signed, in which it was recorded that the land was leased from the Administration, and did not ask to see the lease contract and examine its content before they signed the contracts. Strangely, Mr. Zidon himself claimed in his interrogation that he did not remember what Mualem told him when he signed the contract, but he remembers with certainty what he did not tell him (p. 1231, paras. 10-14).
For the sake of completeness, it should also be noted that the plaintiffs attached an affidavit on behalf of Mr. Yoram Buchnik, who also purchased a plot of agricultural land in the same area, in order to support their claim regarding a similar conduct on the part of the defendants. However, when Mualem asked Mr. Buchnik if he had told him about clause 15 of the lease contract before the contract was signed, Mr. Buchnik replied, "I don't remember. It could be, I don't remember" (p. 714, s. 13). In other words, Mr. Buchnik did not deny that it was possible that Mualem had told him about section 15, and at most claimed that he did not remember it (ibid., paras. 15; see also: ibid., pp. 717, paras. 3-5; p. 718, paras. 5-6). Mr. Buchnik even confirmed that in retrospect he did not complain against Mualem for not telling him about section 15 (p. 714, paras. 20-25), and therefore for this reason, in the separate claim that he filed in a similar matter, he sued only for the transfer of the Goren hearing place and not for the transfer of the place of hearing from Mualem (ibid., at p. 715, paras. 6-12). According to him, Mualem served as his counsel after the transfer of the venue of the hearing, but when he came to his office to sign the contract, "I just came to sign, you know, everything was prepared and ready, signatures, file file and leave" (p. 718 Q. 2-3). Later in his remarks, Mr. Buchnik retracted his version and categorically claimed that Mualem did not tell him about section 15 (p. 718, paras. 7-14), but immediately corrected: "It is doubtful whether he said it, right. doubtful" (ibid., para. 21; See also: p. 719, paras. 1-7).