In any case, this testimony does not establish a forced signature in view of the time constraints for reading the documents. These plaintiffs were convinced that this was a rare opportunity that should not be missed, and therefore they hurried and signed, and there is no room to blame others in this matter.
- And when we examine additional evidence, it emerges that the potential parties who wish to do so had at their disposal the opportunity to consider the matter and to renegotiate with the defendants. In this regard, I will reiterate the testimony of Mr. David Reznik (plaintiff 47) that was presented earlier (see above at paragraph 73(a)), according to which it was agreed in writing that if his counsel did not reach understandings with Greeny City's counsel, his money would be returned.
Mr. Ron Kobel (plaintiff 32) submitted an affidavit and testified on his behalf and on behalf of his wife Sharon (plaintiff 33) that they had read the joining form and even requested amendments that had been made (p. 340, Q. 32-341, S. 2).
- Moreover, the defendants, Adv. Nof and Adv. Aharonson, claimed in their affidavits (paragraphs 32-33) that Ms. Or had sent the agreements to the plaintiffs for review prior to the signing meeting, and that there was no impediment to receiving them prior to its existence. This argument is supported by evidence from the testimony of a number of plaintiffs, and I accept it when some of the plaintiffs testified that they sought to make amendments to the agreements, and that in some cases the documents were sent for their review prior to the signing or that they had the opportunity to receive them:
- Benz first claimed in his testimony that he did not receive the agreements for his review before the signing meeting (p. 319, S. 8 - 320, S. 19). However, later in his interrogation immediately nearby, he retracted his statement and claimed that "it is possible that they sent me a day or two in advance, I don't remember" (p. 320, S. 28-27).
- Adi Shinar (Plaintiff No. 4) admitted that his lawyer, Avraham Webner, contacted Or City before the signing of the agreements, after he had already signed the joining form. Adv. Webner received from Or City two days before the signing meeting the sharing agreement, the sale agreement and the opt-in form, without the specific details of the plaintiff's transaction. He also admitted that Adv. Webner had given him legal advice regarding the agreements before the signing meeting, and also during the signing meeting in which he was also present (paragraphs 14-24 of his affidavit).
- Asulin Gozian (plaintiff 5) admitted in an affidavit that she received the opt-in form and the sale agreement by email at her request six days before the signing meeting, and she forwarded them to her lawyer, who told her to accompany her to the signing meeting (see: paragraphs 5, 6, 12-13 of the affidavit).
- David Schwartzman, the father of Ms. Shani Schwartzman (plaintiff 27), noted that his lawyer made comments to amend the agreements, and these were inserted (see paragraphs 4 and 6 of his affidavit and testimony: p. 431, S.9 onwards; 432, S. 7-6; 433, S. 11-10; 434, S. 14-8; See also the correspondence between Mr. Schwartzman's attorney and Adv. Aharonson, which appears inAppendix 154 to the defendants' affidavits, on pages 2671-2672).
- As we have seen (see above in paragraph 73(e)), Mr. Yitzhak Oved signed the joining form on October 23, 2012 and the sale agreement on November 4, 2012, when in the middle he asked for advice from his lawyer, who told him that she recommended that he not enter into the transaction.
In his testimony, he claimed that he had lied to his lawyer and told her that the agreements had not yet been signed, when in fact they had already been signed.