The plaintiff's arguments
The plaintiff argued that the totality of the circumstances, and in particular the drafts of the agreement and the WhatsApp correspondence that were exchanged between the parties, attest to the existence of a meeting of wills, discretion and specificity required for the perfection of a binding contract. In her opinion, the parties reached an agreement regarding all the material terms of the transaction, including the consideration in the amount of ILS 2,030,000, the date of delivery of possession of the apartment on July 10,2025, the option of renting the apartment for an additional three months, as well as holding the plaintiff responsible for the construction deviation. The plaintiff further claimed that she had agreed to all of the defendant's demands and agreed to the updated payment schedule proposed by his counsel, and thus, according to her, the process of a binding offer and acceptance was completed.
The plaintiff further claimed that the defendant acted in extreme bad faith, by thwarting the signing of the agreement at the last stage of the negotiations, and that his claim that no agreement was reached regarding the terms of payment was nothing more than a pretext that was raised retroactively, in an attempt to avoid enforcing the agreements reached by the parties. It was argued that the defendant and his wife confirmed in their interrogations that the terms of payment and the content of the agreement did not constitute the reason for canceling the transaction, and that their decision to withdraw from it stemmed from the fact that they were unable to find a suitable alternative apartment. The plaintiff further claimed that she relied fully on the defendant's representations and undertakings, and as a result she sold her only apartment in Kiryat Bialik, while incurring a significant financial loss. Therefore, according to her, she is entitled to compensation for the damages caused to her as a result of her reliance on the defendant's conduct.