Verdict:
- The buyers wish to cancel the agreement and return their money in accordance with the guarantees of the Sale Law.
They present the interest of the individual buyer who is unable to bear the costs required of him due to the prolongation of the transaction. Such as: double payments for mortgages and rent.
On the other hand, the financing bodies present the public interest, claiming that allowing any buyer to withdraw his purchase is liable to lead to public economic chaos, including increasing premium payments on guarantees Sale Law to a significant extent, as well as creating a spiral for construction projects that have been delayed when various buyers seek to exit the project even though it is in the stages of rehabilitation, thus thwarting its continued rehabilitation.
- Indeed, this is a question of principle that is pending and the court must have its say.
Nowadays, the issue arises mainly in the field of TAMA.
Should the right of the individual purchaser, who can also be called the "small citizen", be preferred to the large entities - the financing entities responsible for financing the entire project?
While being aware of the implications that this decision may and will have on other buyers and apartment owners as well, for the purpose of completing the entire project.
This is a tension that has arisen between the freedom of contracts and the contractual-quasi-proprietary right of the individual purchaser to exercise his rights, and a broad public interest that is expressed in the fear of an increase in the fees of the Sales Law's guarantees and the need to allow the completion of projects.
- I find that in contrast to the mechanism of a purchasing group, in which the individual purchaser is bound to the other purchasers, in the purchase of an apartment from a venture in the TAM project"A 38 (whether it is 38/1 or 38/2), priority should be given to the rights of the individual purchaser.
In the mechanism of a purchasing group, the buyer enters the purchase with the clear knowledge that he is part of a group and that he will not be able to be released from the transaction individually without giving consideration and obtaining the consent of the other buyers. On the other hand, when a person enters independently and separately in a single transaction for the purchase of an apartment in a project, even if it is a TAMA project, he does so privately and independently. In my opinion, such a buyer is entitled to be released from the contract independently, without finding himself bound by the considerations of the financing bodies or of the purchasers, and without additional apartments.