Summary of the plaintiff's arguments
- According to the plaintiff, he was the effective factor in the transaction for the purchase of the apartment. After the signing of the agreement, the plaintiff spoke extensively with the defendant by telephone, during which time he provided her with vital and valuable information, provided her with the transaction documents and told her the approximate price. This is a lot of unique information that he obtained through another client who participated in a previous bidding. In addition, the plaintiff instructed the defendant in filling out the bidding forms and filling out the Center's instructions. The defendant won the bidding thanks to his preliminary guidance and the information he provided to her. Therefore, the plaintiff is entitled to the agreed brokerage fees.
- The plaintiff further claims that the defendant acted in bad faith, both because she refused to pay for his work and because she hid from the plaintiff the fact that she had purchased the apartment and lied to him when he investigated it.
- In his statement of claim, the plaintiff raises a cause of action, but this was not specified. In his summary, the plaintiff abandoned this ground, and therefore I will not address it.
The defendant's arguments
- The defendant does not deny that she signed the agreement, but claims that the plaintiff was not the effective factor in the transaction. According to her, she never met with him, he did not present the apartment to her and did nothing to promote the deal. According to her, after the phone call after which the agreement was signed, the plaintiff disappeared. In light of the plaintiff's disappearance, she contracted with another realtor, named Achildiev, who accompanied her and her husband in the transaction and who led to the realization of the transaction with the receiver. In exchange for his work, the defendant paid Achildiev a brokerage fee.
- The defendant further claims that at the time of signing the agreement, the matter of the undertaking in the brokerage was not explained to her, and it is doubtful whether her signature is admissible in these circumstances. Therefore, according to her, the claim should be dismissed.
The Evidence
- The parties submitted their testimonies and evidence as part of the affidavits of the main witness.
The plaintiff testified as a sole witness.