Thus, for example, a situation can be described in which a potential buyer is willing to enter into an excellent deal for the defendants, but is not willing to enter into a brokerage agreement with the plaintiff and is not willing to commit to paying him brokerage fees (or because he has already committed to his broker, although he is not interested in brokerage services). In such a case, it can be assumed that the plaintiff will not present the property to that potential buyer at all, contrary to the defendants' interest, and will prefer to enter into a less worthwhile transaction from the defendants' point of view, but with a buyer who is willing to pay him brokerage fees.
The matter was explicitly raised in a WhatsApp correspondence between the parties dated February 20, 2023, in which the plaintiff admits in fact that he will not promote a transaction with a buyer who is not interested in contacting him and paying him brokerage fees:
"I really ask that you don't close with any customer who didn't come through me or who contacted me as required or if he wasn't interested - that you let me bring my customers and sell and we'll both be satisfied..."
The conflict of interest in which the plaintiff finds himself was also expressed in the WhatsApp correspondence between the plaintiff and the defendant dated June 23, 2023, in which the plaintiff told the defendant: "I want to avoid pictures that 'betray' the house from the outside." In other words, as part of the plaintiff's marketing efforts, he does not necessarily publish the best photos of the house that will best serve the interest of the defendants and bring as many interested people as possible, but rather publishes photos that will not "betray" the house in order for any potential buyer to have to go through it.
The plaintiff was asked regarding the concern of the aforementioned conflict of interest in his cross-examination (p. 5):
"Adv. Rosenwasser: Some buyers come directly to you, they have no other way either, at least in this case. I ask, insofar as they are not willing to commit to paying brokerage fees, do you even transfer their details, are you even the buyer, sorry, the owner knew about this inquiry?