...
It seems that this approach, according to which the definition of a 'residential apartment' should not be overly broadened, so as to include cases in which the rights are acquired from a person who is not the holder of the direct undertaking to carry out the construction (the contractor) but from another person, has also been expressed in the matter of ... Ackerman ... "
(from paragraphs 55,57,58 and 59 of the judgment)
- In my opinion, the present case, the subject of the appeals before us, is not similar in its circumstances to the one heard in the matter Michaeli, will be the legal relationship between a judgment Michaeli and a judgment Mark Whatever it may be. It should also be said that the application of the case law in the matter Mark With regard to the circumstances of the present case, it will inevitably lead, and even more so, to the dismissal of the appeal in this case.
- Summary of the parties' arguments
- According to the appellants,
"... At the time of the purchase, the skeleton of the house was valued at an additional ILS 1 million, and as part of the purchase agreement, the appellants undertook to continue the construction of the apartments themselves through the contractor who started the work, and to comply with the sellers' obligations and the agreement they signed with the contractor.
...
... Here it was expressly established that there was a complete disconnect between the seller and the contractor, the buyers continue with the contractor, he is liable for them under the Sale Law and tort liability, and the seller completely disconnected. As appellant 4 testified, he dealt with previous construction of real estate himself and even managed the construction after the purchase of the land and the skeleton himself, and conducted significant arguments with the contractor himself without any contact with the sellers, and that the entire continuation of the construction was done directly and into the seller's shoes vis-à-vis the contractor, and the continuation of the construction cannot be regarded as the purchase of an apartment on paper, ready and finished, similar to the matter discussed in the case of marking... " (from paragraphs 9,30,31 and 37 of the appellants' summaries).
- On the other hand, the respondent argues that: