Caselaw

Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 57

October 13, 2026
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Thus it is.  The plaintiff admitted that she intended to move her place of residence to the Tze'elim neighborhood in the city of Eilat, and that in order to finance the purchase of a new apartment, she advertised her apartment in Kiryat Bialik for sale.  Only at a later stage, detached from her decision to sell her apartment in order to purchase another apartment in Eilat, was she exposed to an advertisement for the defendant's apartment.  In view of the above, I reject the plaintiff's claim that she sold her apartment only following her desire to purchase the defendant's apartment.

Indeed, it is possible that the plaintiff accelerated the negotiations for the sale of her apartment in Kiryat Bialik following the feasibility of purchasing the defendant's apartment.  However, no evidence was brought to prove the aforesaid.  In any event, since the plaintiff began to advertise her apartment for sale about two months before the defendant began to advertise his apartment for sale, it is presumed that the price she received for her apartment was the maximum price she was able to accept at that time.

In any event, since the defendant has not yet announced his position with respect to the draft contract, in particular with regard to the payment schedule, the plaintiff can only complain about herself, for hastening to sell her apartment at a price that was claimed to be lower than its market value at the time, with the implicit assumption that the transaction with the defendant was closed.  In fact, even if the plaintiff and the defendant had reached an agreement with respect to all the details of the contract, including the payment schedule, it is possible that the defendant would have agreed to receive a significant part of the consideration at a later date, in a manner that might have given the plaintiff patience in terms of the terms of the sale of her apartment.  In this way, it is possible that the plaintiff would have refrained from selling her apartment at a price that was ostensibly lower than its real value, as she claimed.

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