This obligation is sharpened when an unrepresented party stands on the other side. "When the other party is not represented, the lawyer is required to be more skilled and careful. This is in light of his professional expertise and perception of the legal profession in the general public" (ibid.).
Still, caution must be exercised against imposing liability for this channel. "It has been emphasized more than once that it is appropriate to reduce the liability imposed on the opposing party's attorney and to exercise extreme caution in imposing it for various and varied policy considerations, such as the fear of a conflict of interest between the client and the other party; a negative incentive by the opposing party to hire a lawyer; excessive deterrence of lawyers and the like" (ibid.).
- And a second time, how?
Lawyers who represent their client in contract negotiations are liable for all obligations that apply to the subjects and the givers, including the overriding duty to negotiate in good faith. As is well known, "in negotiations leading up to the conclusion of a contract, a person must act in an acceptable manner and in good faith" (section 12 of the Contracts (General Part) Law, 5733-1973 (hereinafter: the Contracts Law)). Greene City, the organizer of the acquisition group, is a person (in the legal sense), and the lawyers representing it certainly are. And the debts that she owes her are also owed to her.
And one of the basic duties required of a person who conducts contractual negotiations in good faith is the duty of disclosure. "The breach of the duty to act in an acceptable and good faith manner in negotiations takes the form of non-disclosure of facts, when under the circumstances there would have been reason to expect the person conducting the negotiations to disclose them to the other party. In this area, the duty of good faith is active, and imposes a duty to act... The duty of good faith includes the duty to disclose to the other party important facts before the conclusion of the contract, and even facts that the other party could have disclosed on his own, and this disclosure is required by the nature of the transaction and the circumstances of the case" (Gabriela Shalev, Contract Law - The General Part: Towards the Codification of Civil Law 149-150 (2005)).
- These obligations are further strengthened when a transaction promoted through a purchasing group is on the agenda. Such a transaction is risky, and in many cases the risks may be high. Against this background, when a lawyer drafts the documents of the contractual system on behalf of the group organizer, he must ensure that these risks are clearly expressed in the various documents. It is necessary to ensure that the essence of the transaction is properly described therein. This is part of the duty of good faith in negotiations. This is part of the increased attention required of a lawyer facing those who are usually not represented.
The lawyer would do well to ensure that the contractual system includes documents that can be read without considerable effort, and that are not excessively long, in a way that will allow the person who wishes to review them to get the full picture. It would be good if time was given to those who wish to learn things to do so, and to consult with those who wish to do so.
- Still, it should be remembered that the duties to act responsibly and carefully are not only imposed on lawyers. The applicant must also join a purchasing group and act appropriately. On the agenda is a respectable deal, at the end of which there is a chance to become an apartment owner. These are some of the most important and largest transactions that people from the community will engage in in their lifetime. They involve significant payments and considerable costs.
Therefore, those interested in the business opportunity on the agenda should also learn things, and study them thoroughly. They must review the documents submitted for their signature. They must ask and demand. They must understand what the transaction is and what its characteristics are, and act towards it with the degree of suspicion. There were those who said that there is no "free lunch" in our world, or that "there is no such thing as a free lunch" (a phrase that became popular following the writing of Robert A. Heinlein). Heinline)). And when someone is offered a three-bedroom apartmentin the center of Ramat Gan at a relatively low price, it is a sign that this is an opportunity that comes with risk. As is the case with risks, they are liable to materialize, and this is reflected in the price at hand.