Thus, in her interrogation, Adi admitted that she and her defendant spouse knew that Lihi, their attorney, was "beginning to work on the transaction" (p. 55 of Pro. of May 6,2026, para. 15). Adi noted that she had not spoken to Lihi at all, and in any event, had not informed her that if they did not receive approval in principle for the mortgage, they would not be able to purchase an alternative apartment (p. 56, para. 26; see also ibid., p. 56, paras. 26-32). Adi also admitted that she did not know whether her spouse had informed Lihi about this (ibid., paras. 23-25). According to her, she and the defendant only informed Sapir "that we need to continue to check" (ibid., s. 32; see also: ibid., p. 58, s. 37-38; p. 59, s. 2-4), and that ")s) we are making some calculations and checking whether we can meet those 2,030,000" (ibid., s. 36-37), and as a result, "we hoped that Sapir would pass on all the things" (p. 55, s. 32; See also: ibid., para. 30).
Sapir, for his part, confirmed that on October 1,2024, the defendant and Adi told him, inter alia, that they must obtain approval in principle for the mortgage, and that they wish to wait until after the holidays, in order to examine the scope of the budget that will be available to them (paragraph 11 of his affidavit).
Sapir claimed that he had informed Lihi that the signing of the contract "will be done only after the holidays, and only after the final approval of the customers who will receive approval in principle..., but it is clear that this draft did not bind either party until the final approval of Adi and Daniel" (ibid., paragraph 13). In her interrogation, Lihi denied that Sapir had informed her on this matter. According to her, the existence of the condition relating to the mortgage was not brought to her attention at all (p. 20 of Prov. S. 13-26; ibid., p. 21, paras. 1-18), and she even clarified: "I only knew about it at the end" (ibid., p. 21, s. 20). Lihi further claimed, "Sometimes the realtors also don't always update us. It's convenient for them, sorry to say this, that we're working, that we're promoting the deal. So sometimes they don't update us" (ibid., p. 21, paras. 14-16). According to her, for this reason, "I didn't put it as a condition in the negotiations. It was not a condition" (ibid., para. 23).