It turns out that already during the first meeting in which they signed the application form, Greeny City signed a written undertaking according to which "in the event of disputes between the lawyers that cannot be bridged, [and] the seriousness fee will be refunded..." (Appendix 180 to the defendants' affidavits). In his cross-examination, Mr. Reznik noted that he did not remember the document (p. 557), but its contents were not undermined.
This is therefore conclusive evidence that it was clear to Mr. Reznik that he should receive separate advice on the subject of joining the group, that he did indeed need such advice, and that, contrary to his testimony, he was given the opportunity to clarify the matter with his counsel.
- Adi Shinar (plaintiff 4) testified that his lawyer, Avraham Webner, contacted Or City and received the sharing agreement, the sale agreement and the joining form. He also admitted that his lawyer had given him legal advice regarding the agreements before the signing meeting, and that he was also present during the meeting (paragraphs 14 onwards of his affidavit).
- Asulin Guzian (plaintiff 5) admitted in an affidavit that she had forwarded the documents she had received to her lawyer, who told her that he would accompany her to the signing meeting (see: paragraphs 5, 6, 12-13 of the affidavit).
She also testified that her lawyer advised her that she should not enter into this transaction due to the lack of good collateral, but she decided to sign nevertheless, inter alia, because of the low price of the housing units (see: paragraphs 5-6 and 12-13 of the affidavit; and also in her testimony: p. 202, para. 17 ff.).
- David Schwartzman, the father of Ms. Shani Schwartzman (plaintiff 27), stated in his affidavit and testimony that he had contacted a lawyer who would give him legal advice regarding the agreements before the signing meeting, and after he signed the joining form. He also noted that the agreements were transferred to his law firm, and that there was a direct connection between him and the defendants (paragraph 6 onwards of his affidavit). In his cross-examination, he testified that he signed the agreements after his lawyer confirmed to him that "everything is in order and that it is possible to move forward with you as the lawyer for the project" (p. 433, S. 3-2).
- Yitzhak Oved (plaintiff 6) and Mrs. Mimi Miriam Oved (plaintiff 7), his cousin, purchased rights in two housing units. Mr. Oved submitted one affidavit on behalf of both of them. He testified that he signed the join form and the other agreements on October 23, 2012, in his name and on behalf of his cousin, but the next day he contacted his lawyer, Adv. Maayan Cohen-Mansour, to consult on whether he had acted correctly. The latter contacted the defendants on his behalf on October 25, 2012 for clarifications, and made many comments about the agreements. According to him, a reply was received that they could not be changed, and it recommended to him (on October 27, 2012) notto sign them (paragraphs 7, 18-20 and 22-23 of his affidavit, as well as Appendix 15 to his affidavit).
It should be noted that as we shall see below, a number of plaintiffs actually testified that their requests to include various amendments to the agreements were answered in the affirmative (see below at paragraph 98). It is possible that Mr. Oved is referring to the desire to introduce amendments to the partnership agreement, regarding which there is indeed difficulty in introducing amendments when it is a single agreement that all the members of the class are supposed to sign together, and it must include the same wording for all.