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00'An undertaking on the part of the seller' means that the seller has a bundle of rights in his possession, including an enforcement obligation to complete the construction, and he transfers this undertaking to the buyer. It is not necessary that it will be possible to sue the seller himself in the event of non-completion of the construction, as long as in such a case it will be possible to sue someone else with whom the seller entered into a contract prior to the sale of his rights to the buyer and who is obligated to complete the construction.
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... [It is] necessary to identify the property that the purchaser sees before his eyes and which he expects, realistic and reasonable expectation, to receive. When real estate is sold, and with it an enforcement undertaking to bring about the completion of the construction and the delivery of a finished apartment to the purchaser, the purchaser envisions the apartment he purchased. This is the essential content of the transaction.
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When the seller transfers real estate and in respect of them he has an undertaking to complete the construction into a finished apartment - this is the essence of the property being sold - a residential apartment." (From Sections 31,32,34 and 36 of the Lesman Judgment)
- In other words, according to the approach of the Honorable Justice Gorman, it is sufficient that "He has it in his possession" of the seller's enforcement undertaking (of a third party) for the completion of the construction and that such undertaking to complete the construction "is in his hands" of the seller, in order to fulfill the conditions of the definition according to which there is an obligation "From the seller's side" (It should be clarified: the aforementioned condition is necessary, And not It is enough that the buyer sees a residential apartment in front of his eyes - This may be the case even when the buyer buys an empty lot and takes care of the construction himself). All this even when Anonymous The seller (the assignee) himself can be sued if and when the construction is not completed.
- About the Judgment Mark An appeal was also filed with the Supreme Court (Civil Appeal 4278/20 Mary Lesman et al. v. Central Real Estate Taxation Director). In a short judgment given on November 22,2021 by the Honorable Judge A. Baron, it was written:
"We examined the texts, and added and heard the arguments of the appellants' counsel. Since we did so, we saw no reason to request an oral answer from the respondent's counsel, and we commented on what we had commented. After consultation, the appellants' counsel announced that they accepted the court's recommendation and would no longer stand on the appeal. Therefore, the appeal was dismissed..."