Hebrew | Francais

Search


> > Archive

Shabbat Parashat Behar 5778

P'ninat Mishpat: Obligation to Enable Registering a Purchase part I

(based on ruling 76084 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The plaintiffs (=pl) bought an apartment from the defendants (=def) in a project that is handled by a chevra meshakenet (= cm; developers who bought rights to the buildings from the government and are responsible for registering the changes in ownership). Pl paid and moved in a few years ago, but def has been unwilling to sign a form requested by cm, which states that the sellers have no further claims against cm regarding the apartment. Due to this, cm has refused to register the apartment in pl’s name. In the first hearing, def said they want to sue pl for the damages of delaying payment and informing the authorities of the sale too early. They implied that if paid for damages, they would sign the form. In the second hearing, def claimed that signing the form will damage them, but they failed to coherently explain what the damage the nature and source of the damage. Pl claim that def is required to sign any document needed for transferring ownership, according to par. 7.1 of their contract. The form in question is a standard one, def have never explained their refusal to sign, and it does not make sense that they should have any claims regarding an apartment that they sold years ago. Def say that there is no legal obligation to sign documents that cm presents without justification and now claim that they are part of litigation against cm that has not been resolved. Pl points out that the contract states that there are no outstanding legal matters with the apartment. Def did not follow up after the hearing with documentation about the litigation, as requested. Pl demands 3,000 shekels per day that def refuse to sign the form.    

 

Ruling: The first question to check is whether pl completed the acquisition of ownership of the apartment. The contract states that def are required to transfer rights (par. 2.1) and practical control (par. 2.2) of the apartment to pl. However, the contract does not state at what point this occurs.  

There is also a known machloket whether a purchase can be final before ownership was recorded in the Land Registry, which did not occur here. Rav S.Z. Auerbach (Ma'adanei Eretz, Shviit 18:2) states that even if the by-laws of cm state that a purchase is not binding until it is accepted by cm, that applies to cm’s obligation to recognize the sale. However, from the perspective of the seller, his ability to back out can end before cm recognizes the sale, while the buyer can still back out if he is not able to get cm to recognize the purchase.

In this case, since pl have finished paying for the apartment and have been living in the apartment with permission of def and cm, their acquisition is complete.

Next time, we will continue with other elements of the dispute.

Top of page
Print this page
Send to friend


Dedication

We daven for a complete and speedy refuah for:

Leah Rachel bat Chana

Meira bat Esther

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l
Iyar   10

Rav Reuven Aberman z"l

Tishrei 9 5776


Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776


Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10   5774


Rav Asher Wasserteil z"l

Kislev 9 5769

R' Meir ben

Yechezkel Shraga Brachfeld z"l


R ' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l


Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

R' Leiser Presser z"l

ben R' Aharon Yitzhak & Bracha

24 Iyar
and members of his family
who perished in the shoah
 Al Kiddush Hashem


Rav Benzion Grossman z"l
Tamuz 23 5777

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
Louis and Lillian Klein, z”l

site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.