When we think in terms of buying an apartment from a contractor, this seems strange to us, since usually when the apartments are up for sale, the project as a whole is cohesive and weighted. This is not the case when a purchasing group is on the agenda. Here the members of the group are, in fact, equivalent to entrepreneurs. They are the ones who build the building in which their apartments will be located. In our case, the group was formed when the final outfit of the project had not yet been determined, and efforts were made - for years - to increase the number of housing units.
Against this background, the characteristics of the business move that was on the agenda were determined. The defendants were not supposed to "censor" it, and they should not be attributed negligence in promoting it.
- The plaintiffs further argued (paragraph 9.1(6) of the amended statement of claim) that "the system of agreements created a false misrepresentation that the purchasers are protected from an oversale by Greeny City." However, this argument is not clear given the agreements they signed. Indeed, later in the statement of claim and in the same paragraph, the plaintiffs claimed that the emission mechanism stipulates that those who will bear the cost of removing members from the group are the members of the group themselves. And this is indeed clearly stated there.
This reality was also revealed in some of the agreements in real time. Thus, the certificate that Mr. Geva received from Ms. Or with her signature at the time of signing the agreements (Appendix 188 to the defendants' affidavits) explicitly stated that according to inspections carried out by Greeni through architect Itzik Parnas, it is possible to build a building of at least 8 floors on Plot 102. This is when in the joining form that he signed, it was stated that his apartment was on the 10th floor (see: the table at the beginning of Mr. Geva's joining form, Appendix 1 to the amended statement of defense). In other words, already at the time of the signing of the agreements by Mr. Geva and his wife, it was known that construction was planned beyond the one in which things were possible at the time of the conclusion of the agreements.