The core of the obligation is cogent and cannot be conditioned (see above in paragraph 139). And in purchasing groups, taking into account the enormous power disparities between the entrepreneur and the organizer of the group on the one hand and its members on the other, the unconditional core is wider than usual.
- It is easy to see why such instructions are so risky, in the world of purchasing groups, and certainly this is the case when it comes to members' money. The few members of the group are in a very vulnerable position. They give their money, and on a considerable scale, and henceforth their interests depend on the abilities and goodwill of others.
The duties of trust came to curb this vulnerability, and to reduce the fear of abuse by those who steer the purchasing group's ship on its way. The lawyers are not responsible for the business and economic side, but they are responsible for the legal side. They are familiar with the agreements that guide the group's activities. They understand their content and complexity. And when they encounter a situation in which the group members are required to make payments contrary to the agreement formulated by them or with their help, they cannot stand idly by.
This takes on acute significance given that at this stage the members of the class are not represented by their private lawyers. The defendants repeatedly emphasized that they did not represent them at the stage of joining the class, but once they became its members, they serve as the attorneys for the entire class. Indeed, this is so. But this also has direct implications regarding the fiduciary duties that the group's lawyers owe to its members. Hence, the group members, who are not professionals or experts in the field of real estate, contacted the clear address to clarify their set of rights and obligations. This request had to be treated very seriously by the defendants; This is in view of the clear breach of the agreements by Ms. Or, and the demand for payment on her part, which has not yet reached the contractual time.