The defendant testified on this matter in his cross-examination (p. 62, paras. 28-32):
"Roni was aware of this whole agreement and in the conversation we sat and talked about, and it's a shame that he didn't record it because it probably wasn't to his liking, I told him again, 'I'm responsible, if this deal ends, I'm responsible for you getting your full brokerage from me,' and so he agreed to it, and so my lawyer said, 'Submit this thing to him so he can sign it and write down the amount.'"
The defendant's testimony was honest and left a reliable impression on me. I got the impression that he intended to pay the defendant the brokerage fees for the conditional sale transaction, to the extent that it was perfect and carried out, and that he acted in good faith.
This is also in line with a WhatsApp correspondence between the parties from May 2023.
On May 8, 2023, the defendant wrote to the plaintiff: "Everything is closed only to finish the matter so that it will not be canceled and then." And a week later, on May 15, 2023: "As I said and as stated in the agreement, as soon as I receive the payment, which is supposed to be over 2 million, I will transfer to you what we have agreed... I told you all this when my sale is final with no return option. For some reason, you got the feeling that I was trying to run away and not live up to an agreement, something I had never done in my life... Once I receive the payment at the beginning of June I think we will close what we have agreed... I just have to keep the deal and that's the way to go, so as soon as it's closed, I'll pass it on to you and show you everything..."
From all of the above, it emerges that the plaintiff knew that a conditional sale agreement had been signed, that the defendant did not hide it from him, and that he even told him that if the conditional sale transaction is completed and executed, he will pay him the brokerage fees to which he is entitled.
The Plaintiff's Entitlement to Brokerage Fees in Respect of the Second Sale Agreement
- About ten and a half months after the conditional sale agreement was signed, and about nine months after it was canceled, another sale agreement was signed between the defendants and the same buyers.
Is the plaintiff entitled to brokerage fees for the second sale agreement? I will discuss this issue now.
- On February 14, 2023, the parties signed an exclusivity agreement, according to which the exclusivity period is six months, i.e., until August 14, 2023.
The significance of exclusivity is that any sale agreement signed by the defendants within the exclusivity period will entitle the plaintiff to brokerage fees, since he will be held as the effective factor in the engagement (provided that he carried out marketing activities). Section 14(b) of the Realtors Law).