In our case, I am of the opinion that the fundamental feature of the sale is intended to enable the possibility of its exploitation after the purchase. While plaintiffs 3-7 were aware of this risk and consciously took it on their shoulders, plaintiffs 1-2 were not aware of it. Therefore, the transfer of Goren's hearing place, as the owner of defendant 4, should have disclosed to plaintiffs 1-2 about the restitution clause, and this non-disclosure amounts to a breach of the duty of disclosure, whether by virtue of section 12(a) of the Contracts Law or by virtue of section 15 of the Contracts Law.
It is clear that the duty of disclosure includes the disclosure of any material information that may affect the ability to exploit the plots of land, including the existence of a restitution clause to the administrator in the event of a change of designation. In the Rozansky case , it was held, as stated, that this duty certainly extends to facts that the seller actually knew, but its force is even better in relation to the facts that he should have known. Goren was of course aware of the provision of clause 15 of the lease contract, and even claimed that he had discussed it in real time with the transfer of the venue (paragraph 16 of his affidavit). During his interrogation, Goren argued that many times the ILA does not exercise its right under the lease contract to bring the contract to a conclusion upon a change in the designation of the agricultural land. However, in an interrogation of the transfer of the venue, Raphael Harlap, legal advisor in the ILA's Jerusalem Business District, testified that all agricultural leases include a restitution clause (p. 270, s. 35 to p. 271, s. 2), and that when agricultural land undergoes a change of designation, then at the realization stage, the ILA returns it to its bosom for the purpose of marketing it (ibid., p. 275, paras. 2-3). According to him, to the extent that agricultural land undergoes a change of designation, the original lessee will never be able to build on it in accordance with the new plan (ibid., at p. 276, paras. 6-12 and paras. 30-31).