Calculating the compensation according to the court's rulings on the various claims
- In order to determine the amount of compensation, the court must apply the decisions regarding the various claims in relation to each purchase agreement separately in accordance with the appraisal expert's findings as follows:
The apartment of Yariv and Chen Keinan (plaintiffs 1-2) on the ground floor was purchased on the open market. The delivery date was set for May 24,2023. The apartment was actually delivered on September 18,2023, about 56 days after the end of the two-month "grace" period. If so, 116 days late. The price of rent per month set by the appraiser is ILS 4,800, which must be calculated according to section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. Therefore, the compensation is in the sum of ILS 27,840.
The apartment of Stanislav Przevilski and Alexandra Gershkovich Przevilski (Plaintiffs 3-4) on the 1st floor was purchased at the Buyer's Price. The delivery date was set for June 11,2023. The apartment was actually delivered on August 14,2023, about 3 days after the end of the "grace" period. If so, 63 days late. The price of rent per month set by the appraiser is ILS 4,074, which must be calculated according to Section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. Therefore, the compensation is in the sum of ILS 12,832.5.
The apartment of Nina and Kfir Amsalem (plaintiffs 5-6) on the 2nd floor was purchased at the Buyer's Price. The delivery date was set for June 11,2023. The apartment was actually delivered on August 10,2023, i.e., before the grace period ended. Therefore, there is no entitlement to compensation.
- The apartment of Aryeh Ariel and Gina Karroubi (plaintiffs 7-8) on the 2nd floor was purchased at the Buyer's Price. The delivery date was set for June 11,2023. The apartment was actually delivered on August 16,2023, about 5 days after the end of the "grace" period. If so, 65 days late. The price of rent per month set by the appraiser is ILS 3,780, which must be calculated according to Section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. For Ben, the compensation is in the sum of ILS 12,285.
The apartment of Sharinov Anton and Leiderman Anna (Plaintiffs 9-10) on the 3rd floor was purchased on the open market. The delivery date was set for May 24,2023. According to the defendant's claims, the delivery date should be postponed by 14 days due to a request for changes, but the court rejected this argument in the absence of proof of a causal connection between the contractual agreement and the need to postpone the delivery date. In addition, the defendant claimed that she had informed the two purchasers twice that they were invited to receive their apartment, but they refused on the grounds that there were defects. The defendant argued that the defects do not prevent reasonable use of the apartment, so that they do not make it unfit for habitation. The plaintiffs did not respond to this claim even at the summary stage, and hence August 17,2023 should be considered as the date of delivery of the apartment. Therefore, the apartment was actually delivered on August 17,2023, about 25 days after the end of the "grace" period. If so, 85 days late. The price of rent per month set by the appraiser is ILS 5,162, which must be calculated according to Section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. Therefore, the compensation is in the sum of ILS 21,938.5
- The apartment of Alexi Meirov (Plaintiff 11) on the 5th floor was purchased at the Buyer's Price. The delivery date was set for June 11,2023. The apartment was actually delivered in good condition of the elevator on September 13,2023, about 33 days later than the "grace" period. If so, 93 days late. The price of rent per month set by the appraiser is ILS 3,785, which must be calculated according to Section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. Therefore, the compensation is in the sum of ILS 17,600.25.
The apartment of Bolotin Yevgeny and Lubov (plaintiffs 12-13) on the 6th floor was purchased on the open market. The delivery date was set for May 24,2023. According to the defendant's claims, she informed the buyers twice that they were invited to receive their apartment, but they refused to accept the apartment on the grounds that there were defects. The court did not find a way to address this claim since in any case the apartment was actually delivered in good condition in the elevator on September 13,2023, about 51 days after the end of the "grace" period. If so, 111 days late. The price of rent per month set by the appraiser is ILS 5,490, which must be calculated according to Section 5A of the Apartment Sale Law, which grants the buyer 150% compensation. Therefore, the compensation is in the sum of ILS 30,469.5.