Caselaw

Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 2

October 13, 2026
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Shortly thereafter, in August 2024, the defendant began to advertise for sale his residential apartment on 1/1 Mekor Hastodia Street in Eilat, known as Sub-Plot 8 in Plot 7 in Block 40087 (hereinafter: the "Apartment"), through the realtor Mr. Sapir Bar (hereinafter: "Sapir").  This was against the background of his desire to upgrade his family's living conditions and move to a larger apartment (see, for example, an advertisement published by Sapir on the social network Facebook on August 18,2024, which was attached as Appendix 4 to the plaintiff's exhibits file; paragraph 6 of the defendants' summaries).

On September 29,2024, the plaintiff, together with Tal, came for her first visit to the apartment.  About two hours later, the plaintiff returned to the apartment, this time accompanied by her spouse.  During the two visits that took place on the same day, only the defendant's wife, Mrs. Adi, was present in the apartment.  During the visits, the plaintiff was brought to the attention of the plaintiff that there was a construction irregularity in the apartment, and that she would have to regularize and, alternatively, demolish the construction, to the extent that it could not be legalized.

On the same day, after the visits to the apartment, Tal sent Sapir a price quote on behalf of the plaintiff for the purchase of the apartment for ILS 1,900,000.  Sapir opened a WhatsApp group called "Selling the Stork Source 1", to which he added the defendant and Adi (hereinafter: the "WhatsApp group").  After receiving the price quote from Tal, Sapir sent the defendant and Adi a recording in the WhatsApp group, in which he noted that the plaintiff had made a purchase offer in the amount of ILS 1,900,000, and that "this is the highest offer we have received at the moment.  still does not serve your interest." Sapir added that he understood that the plaintiff would improve her proposal, but "let's say that even if it is between 1.9 and 2, I, it's pretty exhaustive as of today, what the house is worth..." (The transcript was attached on page 16 to the defendant's exhibits file, paras.  13-14).  It was not clarified whether the defendant or Adi responded to this notice.

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