Caselaw

Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 6

October 13, 2026
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For the sake of completeness, it should be noted that on the evening of October 29,2024, the plaintiff signed an agreement for the sale of her apartment in Kiryat Bialik in the sum of ILS 1,070,000, which, according to the plaintiff, was intended for the purpose of financing the purchase of the defendant's apartment (paragraph 7 of the plaintiff's affidavit; Exhibit 33 of the plaintiff's exhibits).

On October 31,2024, at 10:56 a.m., Racheli sent another message to Lihi, apparently against the background of the fact that Lihi had not yet returned to her with the sellers' response regarding the payment schedule.  In her message, Racheli asked, "Is there an answer regarding the payment terms? You are welcome to speak with me if you need a different layout" (Exhibit 36 of the plaintiff's exhibits).  Shortly thereafter, Lihi called Racheli and asked to improve the payment schedule once again, by way of increasing the first payment and bringing forward the date of the third payment (paragraph 25 of Racheli's affidavit).  A few minutes after the conversation, at 11:28 A.M., Racheli informed Lihi that the plaintiff agreed to her additional demand.  Accordingly, it was suggested that the first payment be ILS 230,000, while the third payment would be paid 60 days before the date of the evacuation.  Racheli asked Lihi, "I'm glad it's okay." In response, Lihi detailed the amounts of payments and the dates that had been proposed, and asked Racheli, "That's your offer, right? ".  Racheli replied in the affirmative (Exhibit 36 of the plaintiff's exhibits).

About three hours later, Tal informed Racheli that the defendant had decided not to sign the agreement.

The exchange of messages between the realtors, Tal and Sapir

On the parallel axis, Tal and Sapir continued to exchange messages between them.  Accordingly, between October 14,2024 and October 13,2024, Tal asked Sapir, "Talk to Lihi.  Ask you to move things forward.  I am dealing with Racheli's side." In response, Sapir conveyed to Tal Lihi's answer, "At Racheli's." Later, Tal asked Sapir, "Do you have a land stork's land registry in our deal? ".  Sapir replied, "Yes, brother, I'm sending you." Sapir then sent a screenshot of a text from the Land Registry Office, and added "everything is under my control" and "I have nothing new, unfortunately" (Exhibit 17 of the plaintiff's exhibits).

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