The exchange of messages and correspondence between attorneys, Racheli and Lehi
After Lihi received the details of the transaction from Sapir, she contacted the defendant on the same day, on October 6,2024, in order to verify with him the data that had been transferred to her. At the same time, on the same day, Adv. Racheli Kapitolnik-Mechtinger (hereinafter: "Racheli"), who represented the plaintiff in the transaction, contacted Lihi and wrote to her, "We have a new joint transaction" (the notice was attached as Appendix 11 to the plaintiff's exhibits file; paragraph 4 of Lihi's affidavit).
On October 7,2024, Lihi forwarded a preliminary draft of the agreement to Racheli, which turned out to be an erroneous draft, as appears from Racheli Lihi's notice of October 10,2024.
On October 10,2024, Lihi sent Racheli an amended draft of the agreement in a PDF file, and then, on October 13,2024, Lihi sent Racheli this draft in a Word file, together with the condominium file and the apartment drawing. This draft included the amount of consideration in the amount of ILS 2,030,000, as well as the date of delivery of the apartment to July 10,2025, including an option that allows the defendant to rent the apartment for an additional three months (Appendix 15 to the plaintiff's exhibits file). The consideration payment schedule remains "open" at this stage, in light of Racheli's request, which requested to complete the payment dates after the sale of the plaintiff's apartment in Kiryat Bialik, so that the payment dates in the two transactions could be coordinated (paragraph 10 of Racheli's affidavit).
On October 14,2024, Racheli sent Lihi preliminary and partial comments to the draft agreement, with the exception of the payment schedule, since, as stated, the payment schedule of the purchaser of the plaintiff's apartment had not yet been agreed upon at that time (paragraph 12 of Racheli's affidavit; Appendix 16 to the plaintiff's exhibits). At the same time as sending the notes to the draft agreement, Racheli contacted Lihi on the same day and noted: "I understood that there was a construction deviation in the stork's source, " and also asked "please send a municipal tax form." In view of the Sukkot holiday, which took place from 16 October 2024 to 24 October 2024, it seems that during this period the lawyers rarely had conversations between them. Notwithstanding the aforesaid, on 20 October 2024, during Chol Hamoed Sukkot, Lihi replied to Racheli that there was indeed a construction irregularity in the apartment in an area of 18 square meters. In response to Racheli's question whether she was preparing an appendix regarding the construction deviation, Lihi replied in the affirmative. At the same time, Lihi wrote to Racheli that she would send her the property tax form (Exhibit 21 of the plaintiff's exhibits), and also sent her the identification of the apartment in the sketch (Exhibit 22 of the plaintiff's exhibits).