Caselaw

Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 18

October 13, 2026
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Only about a week later, on October 29,2024, at 1:53 P.M., did Racheli give Lihi all her comments on the draft agreement.  In this framework, for the first time, a proposed payment schedule was also submitted on behalf of the plaintiff, which corresponded to the payment schedule that was set between her and the purchasers of her apartment in Kiryat Bialik (paragraph 19 of Racheli's affidavit).  It appears that this was apparently due to the fact that only on that day the agreement for the sale of the plaintiff's apartment in Kiryat Bialik was signed.

An examination of Racheli's comments to the draft shows that this is a significant number of comments.  One of the notes contains a partial proposal for a payment schedule, so that regarding the date of the second payment, it is written that the plaintiff is "waiting for an answer from the buyer".  In another note in paragraph 10A of the draft, Racheli changed the amount of the agreed compensation from a total of ILS 106,000 to a total of ILS 203,000 .

In any case, about 15 minutes after Racheli's comments were sent, Lihi replied, "Improve the payment schedule" (sic).  In response, Racheli replied, "What are they asking for? Talk to me." Lihi replied, "844,000 for evacuation is not good for me, and when is payment 2? We are going to buy.  Leave 10 percent for evacuation." A few hours later, Racheli replied, "I will check and update." After checking, Racheli suggested "with a signature of 203,000; 100 days 982,500; 641,500 thirty days before the evacuation; 203,000 in the evacuation, " to which she asked, "What do you say?" .  Lihi replied, "Tomorrow I will check with the sellers" (Appendix 31 to the plaintiff's exhibits).

In the absence of a response from Leahy regarding the results of her examination with the defendant, on October 31,2024, Racheli asked: "Is there an answer regarding the terms of payment? At the same time, she offered an alternative payment schedule and asked Leahy: "Happy that you are okay." Lihi repeated to her the main points of the offer, as she understood it, and asked: "This is your offer, right? ".  Racheli replied: "Yes" (Appendix 36 to the plaintiff's exhibits).  Only a few hours later, the defendant announced, as stated, that he had decided not to sell the apartment.

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