Saul further testified in his interrogation: "Q. Did you have no experience in managing restaurants [a café - Y.G.]? A. Very minimum" [p. 564 of the transcript, lines 29-30].
There is no prima facie evidence before the court that as a result of the evacuation of the café, Sol suffered a profit loss in relation to the period following the eviction.
- The lawsuit against Ms. Razi, Mona, Assaf Attias, and Adv. Amjad is dismissed.
The reasons for this are as follows:
First, Razi and Assaf Attias provided Sol with brokerage services, not services of examining the feasibility of the transaction.
Clause 16 of the brokerage agreement signed between Sol and Razi [Appendix 10 to the claim] states:
"The client declares and confirms that he is aware that Mr. BFC [Razi - Y.G.] is assisted by professionals... In order to promote the transaction, if the customer is interested in using the services of the service personnel who work in cooperation with the BFC... CPA, financial advisors, the client will be responsible for entering into a rental agreement with them at his sole discretion... If the client decides not to use the services provided by Mr. BFC, the client declares that he has been made clear to the importance of engaging with professional consultants on his behalf... CPA, tax consultant, etc."
Second, Atias forwarded to Sol, prior to the signing of the transaction, a copy of the partnership's profit and loss statement from Dec. 14 to May 15 [Exhibit N/3], which he received from the partnership's directors for Sol.
In this regard, Saul testified on page 472 of the transcript line 33: "Assaf Attias was the connecting pipe." Atias testified in his interrogation at p. 774, line 34: "I was a liaison. They would send me reports - I would send them."
Atias, as an intermediary, did not examine the data of Exhibit N/3, but rather transferred the data of N/3 to Sol.
Sol did not rely only on profit and loss data presented by the partnership [Exhibit N/3], but came independently at the end of each day, for about a month before the transaction was signed, to check the cash register printouts of the café's revenues.