"3. I undertake to pay you as brokerage fees, fees in cash, immediately upon the conclusion of any binding agreement between the buyer of the property and me.
In any case of delay exceeding 30 days in the payment of the salary, this will be considered a fundamental breach of the aforementioned obligation, and in such a case I will pay you an agreed and pre-estimated compensation at the rate of half the salary to which you are entitled, in addition to the agreed upon salary as specified in section 5. It should be emphasized that, since I (the seller) am aware that the broker will charge the buyers a brokerage fee, if I comply with the provisions of clause 2 of this contract, I will pay in addition to the brokerage fee on my part an agreed and pre-estimated compensation of 2% + VAT.
- I declare and confirm that the amount of compensation agreed upon in this undertaking is determined in a criminal appeal, the reasonable proportion of the damages expected to you as can be seen at the time of signing this undertaking - and therefore I will be prevented from arguing otherwise.
- A payment that I do not pay on time will bear the maximum arrears interest of a criminal appeal, in addition to and not in place of the compensation I will pay in a criminal appeal clause 3 of the agreement..."
Clause 7 of the exclusivity agreement states:
"I have received an explanation of your marketing policy, a criminal appeal, the Realtors Law and your obligations, and I agree to the following conditions:
- A marketing agent from "Class Real Estate" is my exclusive representative in marketing for the sale of the property mentioned above.
- ...
- The "Class Real Estate" agent will invite potential customers to see the property we own, and in addition, I know that the "Class Real Estate" marketing agent will charge a brokerage fee on the part of the buyers as well.
- ...
- 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 within 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 arrived...
- The Ottoman Settlement [Old Version] 1916This fee will also be paid in the event that the property is sold to a customer who came through you after the end of the exclusivity period."
12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)