Furthermore, in order to prove that she sold her apartment at an alleged loss, the plaintiff relied on the opinion of the appraiser, Ms. Moran Lavie-Livneh. In the opinion, the appraiser Lavie-Livne estimated the value of the ownership rights in the apartment at ILS 1,150,000, while the plaintiff sold her apartment in Kiryat Bialik on October 29,2024 for ILS 1,070,000 (Appendix 33 to the plaintiff's exhibits). Therefore, it was claimed that at the time of the sale, the plaintiff lost ILS 80,000 from the market value of the apartment.
However, in her interrogation, the appraiser admitted that a reduction of 5-10 percent of the price of an apartment is consistent with the definition of deviation from the analysis of transactions at the time of its sale (ibid., p. 7 of Pro. of April 26,2026, paras. 21-23). According to her, when selling an apartment, a deviation that stands even at seven percent of the price of the apartment is reasonable (ibid., p. 8, paras. 6-18). Therefore, the plaintiff's argument that she was required to "compromise on the price of the apartment in relation to the market value" should be rejected (paragraph 18 of the affidavit). As stated, a deviation of about seven percent of the price of the apartment determined by the appraiser Lavie-Livne is within the scope of reasonable negotiations between the parties to the transaction.
The same is true with regard to requirements relating to brokerage fees and attorney's fees. Since the plaintiff declared, as stated, that she intended to sell her apartment for the purpose of purchasing an alternative apartment in Eilat, it goes without saying that she had to bear attorney's fees, whatever the date of the sale of the apartment. Even the need for a realtor in order to sell her apartment is presumed to have been done because the plaintiff was unable to sell her apartment alone or for other considerations related to her decision in this matter. One way or another, there is no reason to award the plaintiff the payment of the brokerage fees that she paid for the purposes of selling her apartment.