| In the Supreme Court sitting as a Court of Civil Appeals |
Civil Appeal Authority 42119-02-25
| Before: | The Honorable Judge Yael Willner
The Honorable Judge Yechiel Kosher
|
| Applicants: | 1. Gonen Kestenbaum
2. Advanced Web Solutions Ltd. |
|
Against
|
|
| Respondents: | 1. Shai Yaakobi – Real Estate Development & Brokerage Ltd.
2. Shai Yaakobi 3. Liran Koffler 4. Roy Bar Yosef |
|
Application for leave to appeal against the judgment of the Tel Aviv-Jaffa District Court (Justices A. Berkowitz, M. Amit-Anisman and T. Levy-Michaeli), dated February 4, 2025, in Civil Appeal 48942-04-24 [Nevo].
|
|
| On behalf of the applicants:
|
Adv. Giora Ben-Tal; Adv. Lilach Perlmutter |
| On behalf of respondents 1-2:
|
Adv. Raphael Eitan; Adv. Ronen Agam |
| On behalf of Respondent 3:
|
Himself |
| On behalf of respondent 4:
|
Adv. Ronen Nawi; Adv. Yael Cohen-Moshiov |
| Judgment
|
Judge Yechiel Kasher:
Before me is an application for leave to appeal the judgment of the Tel Aviv-Jaffa District Court (the Judges) A. Berkowitz, M. Amit-Anisman andT. Levy-Michaeli), dated February 4, 2025, onCivil Appeal 48942-04-24, [Nevo] In this framework, the Applicant's appeal against the judgment of the Tel Aviv-Jaffa Magistrate's Court was rejected (Judge A. Ronen), dated March 25, 2024, onCivil Case 26108-07-19 [Nevo].
Background
- In the background of the dispute is a 2,000 square meter real estate property, located at 58 Sokolov Street in Herzliya, known as "Cinema David" (hereinafter: the property). With the passage of time, the operation of the cinema ceased, and the property remained useless. Therefore, around 2011, the owners of the property approached the 4th respondent, Adv. Roy Bar Yosef (hereinafter: Bar Yosef), requesting that he assist them in selling the property. Despite Bar Yosef's efforts, he was unable to locate a buyer, and the property remained unused until 2016.
In 2016, Bar Yosef contacted Respondent No. 2, Shai Yaakobi, who is a real estate broker (hereinafter: Jacobi), and the owners of Respondent 1 (hereinafter together: Yaacobi and the company he owns), in order for Yaacobi to locate a buyer for the property. Bar Yosef informed Yaakobi that the owners of the property wanted to sell the property for NIS 3,500,000, and that in addition, Bar Yosef should be paid a fee of NIS 500,000 plus VAT.
Following on from the above, Yaacobi worked to locate a buyer for the property, and among other things, he was assisted by another realtor, Nimrod Gil (Hereinafter: Age). Through Gil A connection was established between Yaakobi and respondent 3, Liron Koffler (hereinafter: Koffler), in which Yaacobi presented Kofler with the property and informed him of the amount requested by the owners of the property, and in relation to Bar Yosef's fees.
The Ottoman Settlement [Old Version] 1916 A few weeks later, during which no other buyer could be found, Bar-Yosef contacted Yaakobi, and informed him that the owners of the property were willing to sell the property for a significantly lower amount than the sum previously requested – NIS 1,500,000, together with Bar Yosef's fees. As a result, Koffler contacted Applicant 1, Adv. Gonen Kestenbaum (hereinafter: Kestenbaum), and asked him to represent him in negotiations for the purchase of the property. On January 25, 2017, under Koffler's instructions, Kestenbaum sent Yaacobi (through Gil) an offer, in the name of Koffler, for the purchase of the property for the sum of NIS 2,000,000 (an amount that also includes Bar Yosef's fees).