Therefore, insofar as the essence of the transaction is reflected from the contractual system at hand, the applicants to join the group will not be able to be heard claiming that they did not read the agreements or that they did not delve into them.
- Against this background, we will move on to examine the agreements on the agenda. And here I will preface the beginning, and I will note that from the evidence that was presented, it appears that the essence of the transaction - with its risks - was well reflected in the documents, which the plaintiffs could have reviewed. and they were not able to convince them that Adv. Nof or Adv. Aharonson had misled them, or had violated one duty of disclosure or another that was imposed on them.
The contractual system clarified that joining a purchasing group and the risks inherent in the way in view of the significant planning uncertainty
- I cannot accept the plaintiffs' argument that they did not know that they had joined a purchasing group, in view of the clear things stated in paragraphs 1-2 of the joining form.
In paragraph 1, it was explicitly stated that the plaintiffs confirm that they are interested in joining a "group of purchasers" that is organizing to purchase rights in the land. and paragraph 2 further determined that the plaintiffs were interested in "joining as candidates for the joint purchase of the land from the seller within the framework of the group for the joint construction of the project units, by the method of self-construction...".
This text speaks for him. This is not a purchase from a contractor, but rather a joint purchase of the land that will also lead to joint construction. And if there was any doubt, there was paragraph 5 of the representation agreement, in which the plaintiffs stated that: "It was explained to me/us that I/he entered into a transaction for the purchase of a relative share of the land and for self-construction by the members of the class, and that this was not a transaction for the purchase of an apartment 'on paper'" [emphasis added].