In our case, I am of the opinion that a significant part of the claims of Kestenbaum and the company he owns are of a clear appellate nature and are rooted in the circumstances The specificity of the matter at hand, and therefore is not suitable for a discussion of the "third incarnation" (Civil Appeal Authority 25104-06-25 Bnei Hanna CompanyTax Appeal v. Menora Mivtachim Insurance Ltd., Paragraph 8 [Nevo] (9.10.2025); Civil Appeal Authority 25729-11-24 Rosenshin v. Raveh, Paragraph 14 [Nevo] (6.5.2025)).
At the same time, In my view, there is room to grant leave to appeal in a "third incarnation" with regard to the question of the attribution of the charge of brokerage fees to a person who was not a party to the brokerage agreement, in circumstances such as those before us. I will already emphasize that although the arguments of the parties focused on the question of "softening" the written requirement in the Realtors Law, in my view the issue before us does not relate at all to the "softening" of the written requirement in the Realtors Law, but rather Attribution The charge by virtue of a brokerage agreement made in writing, to someone who was allegedly not a party to the brokerage agreement. In order to clarify my position, a concise introduction should be made to the matter of the written requirement in brokerage agreements.
- The written requirement in brokerage agreements is anchored in Section 9 of the Realtors Law, which states as follows:
"A real estate broker will not be entitled to a brokerage fee, unless the client has signed a written invitation to carry out a real estate brokerage operation, which includes all the details determined by the Minister, with the approval of the Interior and Environmental Protection Committee."
It should be noted that this section does not only condition the right to brokerage fees on the existence of A written invitation, but also requires that a list of information appear in this invitation in order for the brokerage transaction to be valid. Further to this section, Regulation 1 The Realtors Regulations stipulate a list of the details that must be included in the invitation to carry out a real estate brokerage operation.