| Herzliya Magistrate’s Court | |||
| Civil Case 20126-11-23 Baruch v. Almog et al.
Exterior Case: |
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| Before | The Honorable Judge Ayelet Harnoff
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Plaintiff |
Aharon Baruch By Attorney Nadav Dreznin |
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Against
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| Defendants | 1. Amir Almog
2. Anne Almog By Adv. Tal Rosenwasser |
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Judgment
The plaintiff's claim, a real estate broker, for payment of brokerage fees, agreed compensation and damage to reputation in the amount of ILS 595,220.
The brokerage agreement and the commitment to exclusivity
- The defendants were the owners of a house at 9 Mechola Street in Ramat Gan (hereinafter: the "House"), which they wished to sell.
On January 8, 2023, the defendant, in his name and on behalf of his defendant wife, signed a document entitled: "Ordering Brokerage Services" (hereinafter: the "Brokerage Agreement").
This is a printed structured document of the plaintiff, on which the defendant's details and the details of the property were completed in handwriting.
Clause 1 of the agreement states:
"If I make a transaction following information provided by you and/or with your help... I will pay you a brokerage fee for your hassle as follows:
- In the sale or purchase of real estate - 2% of the transaction value + VAT."
- Simultaneously with the signing of the brokerage agreement, the parties signed an additional document, also a structured and printed document of the plaintiff, on which the details of the defendant and the property were completed in handwriting, entitled: "Commitment to Exclusivity for the Marketing of a Real Estate Property" (hereinafter: the "Exclusivity Agreement").
Clause 2 of the exclusivity agreement states:
"Since I am aware that you are investing efforts and money in order to sell the property I own and that it is possible that you advertise the property and its exact address by various means, such as: signage, advertising in the press and various other marketing methods, I undertake to cooperate fully with you and to direct any request from a potential buyer to the property throughout the exclusivity period as detailed. I understand that exclusivity gives you the exclusive right to market the property I own for the period listed below." (Emphasis is not in the original - A.H.).
Clauses 3, 4, and 6 of the exclusivity agreement provide: