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Shabbat Parashat Bamidbar 5778

Bamidbar | 5 Sivan 5778 | 19/05/2018

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

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 buildings from the government and are responsible for registering changes in ownership). Pl paid and moved in a few years ago, but def have 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 pls 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 pl 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 the nature and source of the damage. Pl claim that def are required, according to their contract, to sign any document needed for transferring ownership. 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 claims regarding an apartment 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 point 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.


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Leah Rachel bat Chana

Meira bat Esther

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A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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