After hearing the testimonies and arguments and reviewing everything that was brought, including the expert opinion, I am satisfied that this component should be accepted, in accordance with the court's expert opinion.
- As stated, the plaintiffs claim that they signed the parking plan only at the time of signing the agreement, without the sketch being presented to them beforehand. According to them, they were misled, and it did not occur to them that the parking lot is located in another building.
On the other hand, Shafir claims that the plaintiffs have nothing to complain about, and they should have checked what they were signing.
- Between me and me, I believe that the law is with the plaintiffs.
- The plaintiff stated that Shafir's representatives declared to her and her husband that this was a parking lot adjacent to the building (paragraph 7 of the affidavit). In addition, prior to the signing of the sale agreement, the parking plan was not sent to them (paragraph 8, ibid.). She also testified that at the time of signing the agreement, she and her husband knew from the representative who signed them the agreement the apartment numbers and parking numbers (p. 39, paras. 33-38).
- The plaintiff testified that only at the time of signing the sale agreement did she sign the drawing. She also testified that she understood that there was a building numbered 18, and next to it there was a parking lot with the number 18 listed (p. 35, para. 32). She added that she was presented with standard parking, "like everyone else's" (ibid., para. 35), but that in practice the parking is far from the building, not at the same level, and causes discomfort (p. 36, paras. 24-26; 37-38, pp. 37, paras. 1-25).
- On behalf of Shafir, no real evidence was presented that could contradict the plaintiffs' version, according to which the sketch was presented to them only at the time of signing the agreement.
Shiovitz did not remember to say whether or not he was the one who was at the time of the signing of the agreement (p. 10, paras. 31; 38-39).