12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- Factual Background
- On March 11,2021, the sellers, Mr. Roni Biton and Mr. Yuval Aharon, purchased the land that is the subject of the discussion. On the day 7.4.2021 The sellers received a permit to demolish the old residence who stood on the ground and the construction of a new two-family residence.
- On June 5,2022, the sellers contracted with two contracting companies - Shai Hai Entrepreneurship Ltd. and A. Aharon Development and Construction Ltd. - ContractThe Construction for the construction of the semi-detached residence ("The Construction Contract"). As part of the construction contract, the contracting companies undertook to provide the sellers with construction services in the amount of ILS 4 million (ILS 2 million per seller), including VAT. Later, the construction of the apartments began.
- On October 6,2022, a real estate sharing agreement was signed between Roni and Yuval ("The Sharing Agreement"), according to which a certain half of the land was allocated to each of them, for the purpose of establishing his residence.
- Less than a month after the partnership agreement was drawn up between the sellers and themselves, on November 2,2022, two sales contracts were concluded in which Roni Biton sold to appellants David and Einat Sharvit, And Yuval Aharon sold to the appellants Sarit and Avraham Sharvit, the entirety of their rights in real estate ("Sales Contracts").
- We will add as part of the background that the sellers themselves purchased their rights in the compound only on March 11,2021, from the Ben Yosef couple. At the time of the sale of the rights in the land to the appellants, the sellers had not yet finished paying the consideration due to the Ben Yosef couple and the sellers had not yet been registered as owners of the land.
Copied from Nevo 11. In each of the following sales contracts"It was declared that the sellers "Contact the company [The Contractor] in the building agreement, according to which and by virtue of the building permit... the company constructs two residential apartments in a two-family building, of which... [that] is built for the seller (hereinafter - 'Seller's Apartment'). As of the date of signing the contract, the construction stage of the seller's apartment is the completion of the plaster (exterior and interior)." (Section C5 of the Introduction to the Definitions).
- As for the consideration for each of the two parts of the complex, clause 4.1 of the sale contract stipulates that the agreed consideration "For the seller and for the fulfillment of all the seller's obligations" It is 5.5 million shekels"In addition, clause 5.1.2.1 of the sale contract states that:
"As of the date of the signing of this sale contract, the 'client' [i.e., the seller] was obligated to pay the company another appeal for the work in connection with the seller's apartment, a total of ILS 1,000,000 ... an obligation that the buyer hereby undertakes to fulfill in the seller's place. "