"I understand that exclusivity gives you the exclusive right to market the property I own for the period listed below."
Thus in section 7:
"I understand and agree that exclusivity grants you the right to a commission from us in respect of any buyer who was presented to him and/or purchased the apartment during the period defined in this agreement, and there is not and will not be any reason or cause to infringe your right to fees as detailed above, regardless of the source and the way in which the buyer came to me."
The defendant was asked in his interrogation how he understood the meaning of exclusivity and answered (p. 39):
"He's the sole broker and there's no other broker who can get in between us."
- The definition of exclusivity in the exclusivity agreement, and the defendant's understanding of the meaning of exclusivity as it arose in his testimony, are consistent with the provisions of the Realtors Law.
Thus, Section 9(b) of the Realtors Law states:
"A real estate broker is entitled to agree with a client regarding the granting of a certain transaction for his exclusive handling (hereinafter - exclusivity).
Section 14(b) of the Law further states:
"A real estate broker who carried out the marketing activities determined under section 9(d) during the exclusivity period - a presumption that he was the effective factor as stated in subsection (a)(3) with respect to a transaction concluded during the exclusivity period."
A review of the text of the law, the bill and the minutes of the discussion in the Knesset's Economic Affairs Committee shows that there was not even a hint that exclusivity includes the right of the exclusive broker to collect brokerage fees from the buyer as well. The interpretation claimed by the plaintiff is also inconsistent with the consumer purpose that the Realtors Law is intended to ensure.
In HCA 4036/16 Barel Properties Group v. Ofir Binyamin (cited above) [Nevo], Justice Barak-Erez discussed the purpose that was at the basis of the provisions of the Law and their amendment in the framework of Amendment No. 4, as follows: