The area component of the apartment - impairment in the amount of NIS4,63,00.
Mental anguish component - in the sum of 8,500 NIS.
- In light of the above, the court will be required to clarify whether Shafir did not act as expected, and therefore the plaintiffs are entitled to compensation regarding the location of the parking and the area of the apartment;
I will preface by saying that, after examining the claims, I heard the testimonies, reviewed the evidence, and with everything that was brought before me, I am satisfied to reject the claim in connection with the depreciation in respect of the area of the apartment, and to accept the claim in part regarding the depreciation of the parking lot, and I will clarify;
- In this proceeding, affidavits of the main witness and opinions on behalf of the parties were submitted.
- In light of the nature of the dispute, on July 29,2024, the parties reached a procedural arrangement, whereby an expert on behalf of the court, a civil engineer and a real estate appraiser, Mr. Yossi Lazar (hereinafter: the "Court Expert" and/or the "Expert"), will be appointed.
- The Ottoman Settlement [Old Version] 1916On September 12,2024, the opinion was submitted on behalf of the court's expert (hereinafter: the "Opinion"). In addition, the court's expert responded to clarification questions addressed to him, but was not summoned to testify about his opinion.
12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- I will emphasize at this point that the expert rejected the argument regarding the difference in the area of the apartment, and determined that with regard to the parking component, there is a decrease in value at the rate of ILS 1,70,000.
- In the course of the proceeding, the plaintiffs testified: Mr. Meir Peretz, who is a real estate appraiser and construction engineer, who prepared an opinion on behalf of the plaintiffs (hereinafter: "an expert on behalf of the plaintiffs" and/or "Peretz");
Mr. Avraham Shiovitz (hereinafter: "Shiovitz"), who was a salesman in Shafir and sold the apartment to the plaintiffs; Mrs. Odeya Maman, who is the plaintiff (hereinafter: "the plaintiff").