Two more days later, towards the end of Chol Hamoed Sukkot, on October 22,2024, Racheli sent a message to Lihi, in which she asked: "Hi Lihi, are you in the office on Chol Hamoed? I am waiting for the appendix of the exceptions. We need to coordinate a final payment schedule (today a sales contract will be signed by the buyers of Ella Padva). I will be happy to meet for the signatures next week. A quiet holiday for all of us." To this, Lihi replied: "Yes, I am here. I will send you already, but you have not yet sent me notes and a payment schedule so that I can approve with the sellers" (Exhibit 23 of the plaintiff's exhibits). As promised, on the same day, Lihi sent Racheli an appendix to the exceptions, in which the plaintiff was required to sign that she waived any claim against the defendant in connection with the existing construction irregularity in the apartment (Exhibits 24-25 of the plaintiff's exhibits).
Another week later, on October 29,2024, Racheli sent Lihi her full comments to the draft agreement, stating that "I am waiting for the buyer's response regarding the date of the second payment" (Exhibit 29 of the plaintiff's exhibits). The draft included a proposed payment schedule, apparently in accordance with the payment schedule that was established between the plaintiff and the purchasers of her apartment in Kiryat Bialik. This is with the exception of the second payment date, which remained "open" until the position of the purchasers of the plaintiff's apartment in Kiryat Bialik was received (Exhibit 30 of the plaintiff's exhibits). The payment schedule was proposed as follows: the first payment in the amount of ILS 203,000 at the time of signing the agreement; the second payment in the amount of ILS 982,500 on an undetermined date; the third payment in the amount of ILS 844,500 will be paid no later than July 10,2025, subject to the delivery of possession of the property.
In response to the comments that were sent to her regarding the draft agreement, Lihi contacted Racheli in a message, in which she wrote, "Improve the payment schedule" (sic). To this, Racheli replied, "What are they asking for? Talk to me" (Exhibit 31 of the plaintiff's exhibits). In response, Lihi wrote, "844,000 for the evacuation is not good for me, and when is payment 2? They are going to buy. Leave 10 percent for the evacuation." Later that day, at 19:22, Racheli sent Lihi an "improved" payment schedule, in which the last payment was reduced to 10% of the amount of the consideration. The payment schedule included the dates and details of all the payments, as follows: a first payment of ILS 203,000 , to be paid at the time of signing the agreement; a second payment in the amount of ILS 982,500 , to be paid within 100 days from the date of signing the agreement; a third payment in the amount of ILS 641,500 , to be paid 30 days before the date of eviction, and a fourth payment of ILS 203,000 , to be paid subject to the delivery of possession of the property. After Racheli gave Lihi an "improved" payment schedule, Lihi wrote, "Tomorrow I will check with the sellers" (these notices were attached to Exhibit 31 of the plaintiff's exhibits).