| Tel Aviv-Jaffa Magistrate’s Court
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| Civil Case 33557-09-22 Maman et al. v. Shafir Residences and Construction Ltd. et al.
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| Before the Honorable Senior Judge, Nava Braverman
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The plaintiffs: |
1. Shlomo Nirel Maman 2. Odeya Maman II”20:77″D. A. Roth |
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Against
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| The defendants: | 1. Shapir Residential & Building Ltd.
2. Shapir Civil and Marine Engineering Ltd. 3. Shapir Engineering for Harish Development II”20:77″D. Ernest Grunis |
Judgment
I have before me a monetary claim in the sum of ILS 14,0, 000, which concerns an agreement for the sale of an apartment signed between the parties.
According to the plaintiffs, in the framework of the sale agreement, they were promised and presented with a representation, according to which they would receive parking adjacent to the building, and in fact they received parking far from the building. Therefore, they petition for a depreciation in the sum of NIS8,5, 200.
In addition, the plaintiffs claim that in the framework of the sale agreement, they were promised that the size of the apartment was 98.18 square meters, and in fact the size of the apartment was 94.7 square meters. Therefore, they petition for a depreciation in the sum of NIS4,63,00.
In addition, they petition for mental anguish at the rate of ILS 8,500.
On the other hand, in summary, the defendants claim that we are dealing with a futile claim, and according to them, any alleged depreciation is denied. According to the defendants, they acted in accordance with the provisions of the sale agreement, and in accordance with the provisions of the law.
Background:
- The plaintiffs are a married couple (hereinafter: "the plaintiffs").
The defendants, Shafir (hereinafter: "Shafir"), is the initiator of the project "Tzavta Neighborhood - Buyer's Price" in Harish (hereinafter: the "Project").
- On February 18,2020, a sale agreement was entered into between the plaintiffs and Shafir (hereinafter: the "Sale Agreement"). A parking plan was attached to the sale agreement (hereinafter: the "Parking Drawing" and/or the "Drawing").
The plaintiffs purchased an apartment in the project (hereinafter: "the apartment"): apartment number 11 in building 18, a four-room apartment, adjacent to a parking lot (hereinafter: "the parking").
- As stated, the plaintiffs claim false representations in respect of the parking and the area of the apartment, and petition for depreciation.
On the other hand, Shafir wishes to reject the plaintiffs' claims, and according to her, it acted as it should be, in accordance with the provisions of the sale agreement. According to her, the plaintiffs received exactly what they had purchased.
- The plaintiffs petition in their statement of claim for the sum of ILS 14,0, 00 as follows:
Parking component - impairment in the amount of 85,200 NIS.