After Rosh Hashanah, on October 6,2024, the realtors referred the matter to the attorneys, Racheli and Lihi (paragraph 6 of Racheli's affidavit). Accordingly, on the same day, Racheli wrote to Lihi, "Hi dear, we have a new joint transaction" (Appendix 11 to the plaintiff's exhibits). On October 8,2024, Lihi sent Racheli an erroneous draft of the agreement, as well as a text from the Land Registry Office. After Racheli drew attention to the fact that the draft agreement was incorrect, on October 10,2024, the day before the eve of Yom Kippur, Lihi sent Racheli the correct draft of the agreement (see Appendices 12-13 to the plaintiff's exhibits file). At Racheli's request, on October 13,2024, Lihi sent her the draft agreement in a word file, along with the documents for the condominium file and the apartment drawing. In this draft, the payment schedule remains, as stated, "open".
The next day, on October 14,2024, Racheli sent Lihi a number of preliminary comments to the draft, with the exception of the payment schedule. This, according to Racheli, "since the payment schedule of the purchasers of Ella's apartment has not yet been closed" (paragraph 12 of Racheli's affidavit).
Apparently, due to the fact that that same week fell on the eve of Sukkot, and the holiday itself (including Shemini Atzeret) and the following Shabbat ended only on October 26,2024, the attorneys did not expedite their handling of the draft contract, including Racheli's initial comments to the draft.
However, on October 20,2024, in the midst of Chol Hamoed Sukkot, Racheli asked Lihi about a construction exceedance in the apartment, and Lihi replied that there was a construction exceedance in the apartment of 18 square meters and that she would prepare an appendix in connection with the building excess. At the same time, Lihi sent Racheli a photocopy of a sketch with a marking of the identification of the apartment (Appendices 21-22 to the plaintiff's exhibits file).
Two more days later, on October 22,2024, Racheli wrote to Lihi: "Hi Lihi, are you in the office on Chol Hamoed? I'm waiting for the appendix of the irregularities. We need to coordinate a final payment schedule (today a sales contract will be signed by the buyers of Ella Fadwa). I'll be happy to meet for signatures next week." To this, Lihi replied, "Yes, I'm here. I'll send it to you already, but you haven't sent me notes and a payment schedule yet so that I can approve with the sellers" (the notices were attached as Appendix 23 to the plaintiff's exhibits). Racheli did not respond at the time to Lihi's demand regarding the comments and the payment schedule, despite Lihi's clarification that this was required "in order for me to confirm with the sellers". Racheli also did not inform Lihi that despite her notice of October 22,2024, the date of signing the agreement for the sale of the plaintiff's apartment in Kiryat Bialik was postponed to October 29,2024.