According to Carmel, the only reason he agreed to pay such a high commission of 6% is that Kotler noted that he represents a number of property owners in the area vis-à-vis the municipality and is about to carry out a deal that includes a lot of work, while activating his connections with the municipality. As Kotler pointed out to him, his treatment is separate from that of lawyers, which will not necessarily be required and may even be spared. (Section 4 of the affidavit, pp. 166, 14-21).
After deliberations and a change in the requested commission rates, Carmel signed the agreement as well as a representation agreement and fees with Adv. Meyuhas: "I argued with him and he changed my numbers a little and I signed for him and he told me he called from that position, he called the lawyer and brought me an agreement of the lawyer, to Meyuhas... Yes, that day, he said thank you very much, he left, and that's the end of our story." (p. 163, lines 15-17, p. 174, lines 30-32, p. 181, lines 19-26, the agreement with compensation and control of December 28, 2009, Appendix A to the Carmel affidavit).
According to Carmel's version, immediately after the agreement was signed, Kotler disappeared - they did not hear from him again and he did not perform any treatment. In addition, although in the Kotler agreement he undertook to bear the cost of the appraisers, he did not do so. He claimed that he tried to locate Kotler several times without success, and therefore Carmel Brothers was forced to pay the appraisers' salaries out of its own pocket. (Paragraph 5 of the affidavit, p. 179, lines 29-32, p. 180, lines 1-3). Carmel testified: "I expected a person who organizes a group to start talking to me, we signed, we closed tomorrow morning, he starts talking to me, they do this, they go, they come like this, bring like this, come like this, do like this, nothing, I forgot at all, I forgot who David Kotler is." (p. 176, lines 26-28). "David left the picture, once he left me, he was already out of the picture, I forgot about him, I went to deal with these matters in a different way" (p. 168, lines 4-6).