Caselaw

Appeals Committee (Haifa) 26310-08-21 Ashdar Construction Company Ltd. v. Haifa Real Estate Taxation Administration - part 106

February 5, 2026
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                            A:   No, it's different from the 5th contract,

                            Q:   Look, I am,

                            A:   In the regular contract, there is no list of names of [tenants].

                            Q:   You are in paragraph 8 of the affidavit,

                [...]

                            Adv. Wertheim:    Yes, yes, I understand.  No, but...  No, but I will say why I say this, [turning to the witness] because in paragraph 8 of your affidavit you said that there is no material difference between the terms of this tender and the conditions set out in other tenders for the developers, in respect of which there is no claim that the ILA sells any right to the purchasers directly, I'm talking to you about the regular tender, not other unique tenders, a regular tender of the sale of a right in real estate if there is an obligation, if the state actually determines for the developer who he should sell to.

                            A:   No, So I said,

                            Q:   Okay.  Next feature...  Now one more thing, do you know that at the Buyer's Price the developer is forbidden to sell the apartments to his relatives, to his business partners, do you know this limitation?

                            A:   But that's a limitation...  Some of the limitations of the terms of the tender, right, because in the end, if we give land at a discount and we want to give it to a list of tenants, we don't want distortions to be created, there is equality between the tenants, there are all kinds of things that we want to preserve then,

                            Q:   And in a regular tender there is a prohibition on the developer from selling the apartment to a relative?

                            A:   Nope.

                            Q:   Another characteristic, the specifications of the apartment are actually dictated in advance by the state, basically telling the developer that this is the specifications of the apartment that you have to sell it after that to the buyer,

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