A purchaser of real estate that does not check the property prior to the purchase risks losing its rights

A property was sold twice and registered under the name of the second purchaser, the later in time.
The Court held that despite the negligence of the first purchaser to record a cautionary note it should be preferred over the second purchaser, who was aware of the existence of a possessor of the property and still did not bother to perform basic checks before signing the agreement. Under Israeli law, preference is given to the first transaction unless the second transaction was made in good faith, consideration was transferred, and the transaction was recorded under the name of the second purchaser in good faith. However, the right of the first purchaser is contingent upon publication of the transaction by recording a cautionary note, and this by virtue of the principle of good faith. Here, even though the first purchaser was negligent and did not record a cautionary note for 8 years and the second transaction, which was later in time, was already recorded, the property belongs to the first purchaser because the second purchaser did not pay the full consideration and acted in bad faith because he did not bother to carry out basic checks regarding the property prior to signing the agreement, such as visiting the premises, even though he was aware of the existence of a possessor of the property.