Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 71

November 16, 2025
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On August 10, 2011, the contract was signed between defendant 4 and Mr. Yaakov Horowitz, when his son Moshe signed the contract in his name according to a power of attorney.  Mr. Hurwitz claimed that he learned from the contract that the seller's name was Alon Goren, and that he had never met him or heard his name before.  After signing the contract, his son Moshe told him that the seller insisted that the amount to be recorded in the contract be lower than the amount he had paid in cash.  He said, "I was amazed to see that the amount stated in the contract was only ILS 30,000, when in fact I paid ILS 262,500.  Benny Moshe explained to me that this was an unequivocal demand of the seller Alon Goren, and that they did not want to blow up the deal because of it" (ibid., paragraph 10).  Mr. Hurwitz claimed that "if I had been present at the scene in real time, I would not have agreed to write a false sum in the contract, certainly not to report false reports to the tax authorities, and certainly not for such small sums..." (ibid., section 11).  Mr. Horowitz further claimed that he was not a party to the preliminary negotiations and was not present at the time of signing the contract.  However, "I have no doubt that if at some stage of the negotiations or transaction any of the members of the buyers' group had been told that in the event of the land being thawed for construction, the manager (ILA) had the right to return the land to himself..., then none of us would have entered into such a stupid deal, and I certainly would not have entered into such a deal" (ibid., paragraph 12).  Mr. Horowitz also claimed that he would be represented in the transaction by Mualem Venue, but his son Moshe told him that Mualem had not told him anything regarding clause 15 of the lease contract.

From the compilation it is clearly understood that Mr. Yaakov Horowitz was persuaded to sign the contract, through his son (p.  19, paras.  35-36), only on the basis of what he heard from his son, and with regard to the documents that his son saw that, according to Mr. Horowitz, had persuaded him to sign the contract; both regarding the words that were said to his son by Mr. Dahari; Both with regard to the preliminary conversations that Mr. Benya Sidon and Mr. Elia Shimoni allegedly had with Mr. Dahari, and with regard to the claim that Mualem did not tell the plaintiffs anything about clause 15 of the contract.

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