Moreover, in clause 4 of the sale agreement, under the heading "Buyer's Declarations", it is recorded as follows:
"The buyer hereby declares and confirms that he has seen and inspected the apartment from a legal and planning point of view in all authorities, has examined its physical, registration and planning condition, and he waives any claim against the seller or anyone on his behalf in this regard, .....
The buyer declares and confirms that he has been explained to him by Adv. Rachel Manor that he is not the appropriate professional to carry out an examination of the planning and physical condition of the property and that he must perform inspections at the local planning and building committee by a professional on his behalf in order to ensure that the property is built in accordance with a lawful building permit, and that the legal service ordered by the lawyer and/or provided by him does not include the legality of the construction of the property and/or any of its parts."
Our eyes see that despite their knowledge The Positive of the defendants regarding the non-existence of a building permit for the "apartment", they concealed this essential fact in the sale agreement, and preferred to discharge their duty in this matter, by imposing direct liability on the plaintiff to examine the planning condition of the "apartment", prior to its purchase. When the plaintiff was asked about this in his cross-examination, he replied that he relied on Adv. Manor in drafting the sale agreement, and that Adv. Manor did not advise him to hire the services of an engineer or appraiser to examine the planning condition of the apartment prior to its purchase. He said in his testimony:
"So in my field in the field of information security and cyber I hold myself as a professional, when people ask me a question in my profession I answer and if I don't know how to answer I will turn to another professional who knows how to answer, that's how I don't understand in a legal proceeding, so I hire a lawyer and I would also be expected from Adv. Manor as a professional lawyer to at least tell me positively that you are not buying an apartment, You buy an opaque space" (p. 45, 17-21)