Unlike the rest of his colleagues in the class of plaintiffs 3-7, Mr. Shimoni and his wife did not sign the contract on the date the other plaintiffs signed on August 10, 2011, since, according to Mr. Shimoni, he did not have the required sum at that time. Only after he was able to raise the required sum did he arrive with his wife on August 28, 2011, to sign the contract, in a format similar to that signed by the rest of his friends. According to him, his wife signed the contract alone, even though "in practice I was the active in the transaction and only the formal signature was my wife's" (ibid., paragraph 18).
Mr. Shimoni knew, at least from August 10, 2011, that the seller demanded that the payment be in cash, and that the amount to be recorded in the contract would be less than the amount that would actually be paid. Therefore, I do not give any credence to his claim that only "before signing the contract" (paragraph 9 of his affidavit) did he know about the requirement that the amount to be recorded in the contract be lower. Mr. Shimoni testified about himself that he was "the active spirit in this transaction" (p. 1416, paras. 9-11) and that he was also present with his friends at the signing of their contracts on August 10, 2011.
This is not, therefore, a surprising demand that Mr. Shimoni learned of when his wife signed the contract on August 28, 2011, but rather a demand that she had ordered at least two and a half weeks beforehand. The Shimoni couple could have seriously considered for a considerable period of time whether it was right to sign the contract, despite the seller's unusual demands both in terms of acquiring cash and in the matter of registering the low amount in the contract. The testimony of Ms. Shimoni Cohen indicates that before she came to sign the contract, she was not at all aware of the registration of the low sum by the other plaintiffs about two and a half weeks earlier, and Mr. Shimoni admitted that "I think that Carmit did not know about it" (p. 1458, question 12; See also ibid.: p. 1505, paras. 3-8). The fact that Mr. Shimoni hid this fact from his wife, since, according to him, "I was afraid of her" (p. 1514, question 21; ibid., p. 1515, s. 2), shows that he thought that if he informed her of this, she would refuse to sign the contract, especially in view of the other question marks that were revealed to her. In these circumstances, the defendants will seek redress of the injustice, and not the defendants.