| Be’er Sheva District Court |
| Civil Case 23052-01-25 Padwa v. Kirschenbaum
Exterior Case: |
| Before | The Honorable Judge Yaakov Danino
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The plaintiff: |
Ella Fadwa By Adv. Amir Cohen |
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Against
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| The defendant: | Daniel Moshe Kirschenbaum
By Attorney Michael Dayan |
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Judgment
In the statement of claim, the plaintiff petitioned for declaratory relief, according to which the draft agreement that was exchanged between the parties' counsel, which dealt with the purchase of the defendant's apartment, was perfected into a binding contract. At the same time, the plaintiff petitioned for an award of monetary damages for an alleged fundamental breach of the agreement by the defendant, who withdrew from the transaction before the agreement was signed. The defendant, on the other hand, denies the existence of a binding agreement and claims that the contacts between the parties did not deviate from the scope of negotiations that did not mature into a binding contractual engagement. According to him, the fact that the agreement was not actually signed also indicates the lack of discretion and certain requirements for the formation of a binding contract. This, in essence, is the scope of the dispute before us, and from it derive the other arguments of the parties, which were raised at length in the course of the proceeding.
During the course of the proceeding, after the conclusion of the lawsuit, the plaintiff announced that she no longer insisted on the declaratory relief included in the statement of claim. Therefore, the declaratory relief is no longer pending a decision, and only the monetary remedies remain to be examined (see the plaintiff's statement in the minutes of the hearing of April 26,2026).
Factual Background
In June 2024, the plaintiff decided to purchase a residential apartment in Eilat, and in order to locate a suitable property, she contacted a realtor, Mr. Tal Naim (hereinafter: "Tal"). In order to finance the purchase of the apartment in Eilat, the plaintiff began to advertise for sale her apartment in Kiryat Bialik, which she claimed she had purchased on January 2,2023, as a long-term investment, in view of the expectation that a Pinui-Binui project would be executed in the compound in which her apartment is located (paragraphs 5-7 of the plaintiff's affidavit; Appendices 5 and 46 to the file presented on behalf of the plaintiff).