Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 40

As to the defendant's claim that the date of delivery of possession was not agreed upon (see his interrogation at p. 14 of Pro.  of February 3,2025, paras.  29-36), I will note that there has been a change in this matter.  The parties initially determined that possession of the apartment would be delivered on July 10,2025 (see paragraph 15(b) of the plaintiff's affidavit).  Accordingly, in the draft agreement that was exchanged between the attorneys, it was determined that the last payment would be paid on July 10,2025, in exchange for the delivery of possession of the apartment.  Even in Racheli's comments to this draft, which were sent on the afternoon of October 29,2024, no reservation was raised with respect to this date (see paragraph 5 of the draft contract that was attached as Appendix 30 to the plaintiff's exhibits).  Lihi herself confirmed in her interrogation that the date of delivery of the apartment had been agreed upon with the defendant (ibid., p. 7, paras.  31-39; p. 8, paras.  19-22; p. 5, paras.  3-8).  However, only two days after Racheli's comments were sent to the draft, on October 31,2024, Racheli proposed to change the date of delivery of possession to August 5,2025, as appears from her communications with Lihi, in which she also approved the wording of the proposal (Appendix 36 to the plaintiff's exhibits).  The meaning of the change is unclear, especially since it is a date that has already been set in a draft that was exchanged between the parties, and no reservation was raised about it in the comments that Racheli had submitted to the draft two days earlier.  This change was made a few hours before the defendant stated that he was not interested in the transaction (see more: paragraph 23 of the defendant's summaries).  In my opinion, Racheli's proposal to change the date of delivery of possession should be regarded as a new proposal, which deviates from the prior agreement reached by the parties regarding the delivery of possession on July 10,2025.  Therefore, in any case, acceptance of this proposal is required in order for it to be perfected into a binding agreement in this matter.