Second, the plaintiff and the defendant never spoke to each other regarding the apartment. The exchange was made between the realtors and the attorneys. This is not to say that it will never be possible to reach a conclusion by means of agreements that have been perfected by any of the parties, who were authorized by them to enter into matters. However, in the present case, as will be explained in detail below, at most, the defendant will delegate the power of his attorney, Lihi, to conduct negotiations only and not to reach final agreements on his behalf as a seller. In such a case, Lihi's actions create a basis for the contacts but not necessarily a binding contract. Since the court was not presented with the text of the power of attorney signed by the defendant in favor of Lihi, it cannot be concluded that the defendant authorized Lihi to agree on his behalf to all the terms of the transaction, and in particular to the terms of payment, or to undertake on his behalf without a signature.
Third, even though Lehi forwarded the correct draft of the agreement to Racheli as early as October 10,2024, the plaintiff, through her counsel, did not rush to forward her comments to the draft, and certainly did not act to urge the defendant's counsel, Lihi, to advance the negotiations and the completion of the process of signing the agreement shortly thereafter. I got the impression that the reason for this was the plaintiff's desire to secure, first, the signing of the agreement for the sale of her apartment in Kiryat Bialik, and only after she knew that the transaction was indeed being executed, that she had the necessary financial resources at her disposal, and that it was known when she would receive the proceeds from the sale of her apartment - to proceed to complete the negotiations and sign the agreement for the purchase of the defendant's apartment. It appears that the plaintiff assumed that the defendant would adapt to the constraints and timetables that arose from her. Thus, although Racheli initially clarified that the agreement for the sale of the plaintiff's apartment was expected to be signed on October 22,2024, the signing date was postponed to October 29,2024. Until the postponed date, Racheli did not forward her comments on the draft agreement, apparently out of a desire to match the payment schedule in the transaction for the purchase of the defendant's apartment to the payment schedule that would be determined in the agreement for the sale of her apartment in Kiryat Bialik.