Preference for local residents, where the purchase of a Mehir LaMishtaken apartment is by a local resident together with another non-local resident, will be given only to a couple (as defined in the definition of a "family unit" in Appendix H to the tender booklet) one of whom is a local resident."
- The state's control over the entire issue of the sale of apartments to those eligible for the Ministry of Housing who won the lottery can also be learned from the documents of the control company, to which I referred above, Appendices B and C to Mr. Friedman's affidavit.
In addition, the State has the control and the ability to instruct the appellant to cancel a sale contract with an eligible purchaser, if his entitlement to purchase an apartment in the "Buyer's Price" project has been revoked by the Ministry of Construction and Housing.
See, as an example of this, a decision by the Ministry of Construction and Housing to cancel the winning of a certain winner, Appendix D to Mr. Friedman's affidavit, and the instruction given accordingly by the control company to the appellant to cancel his win and the purchase of the apartment in the "Buyer's Price" project of that purchaser, due to the management of a joint household with a "common-law wife" with whom he lives, contrary to his declaration that he lives in his parents' home.
- The appellant cannot make any other use of the apartments, which is not in accordance with the provisions of the tender, nor is it entitled to leave in its possession parts of the common property or unused building rights. See clause 5C of the building contract in this regard, where it was stated:
"The developer is not permitted to retain in his possession any part of the common property as well as of the unused building rights (current and future), and the common property and rights will be an integral part of the marketing of the Mehir LaMishtaken apartments."
- According to the provisions of the tender, the state determined a maximum price at which the appellant can sell an apartment in the Mehir LaMishtaken project, see clause 3.3.9 of the Tirat HaCarmel tender:
"The price of a Mehir LaMishtaken apartment shall not exceed the price obtained from the multiplication of the price per square meter of the winning bid, as a result of the sum of all of the following (hereinafter: "the price of a Mehir LaMishtaken apartment" or "the maximum price of a Mehir LaMishtaken apartment"), plus VAT, as its rate on the day of payment: