Hold tight: Yad Sarah will pay NIS 37,609,846

A judge of the Jerusalem District Court ruled today (Sunday) that the Yad Sarah association will have to pay Mordecai Peretz Hershenboim 33,577,512 NIS.

In 2007, Peretz Hershenboim purchased a 1.7 acre plot on 70 Yirmiyahu Street in Jerusalem - for 6,500,000 dollars. In 2009 it was signed.

The agreement stated that the plot is free of third party rights. Another section is recorded that in the event of cancellation of the agreement in respect of the breach, to be paid liquidated damages of $ 650,000.

At the end of 2010 during the planning processes of the court Hershenbaum heard that Yad Sarah gave Elbaum family, owners of an adjacent plot that takes away the right of a material ability to take advantage of the lot sold to Peretz Hirsnboim, legal proceedings in 2000.

According to Hershenbaum, moving the zero line at least three meters along the western border means a substantial built-up area is disposed off the field. In addition, derecognition 3 meters on the northern border mean reducing into a width of less than seven meters, in which materially impacts the ability to utilize a building, and a limit on building height.

In 2011, Hershenbaum sent Yad Sarah a notice of cancellation of the agreement following the deception and bad faith negotiations. Yad Sarah has rejected the claim and said that commitment a judgment, does not reach to the right of Elbaum the body pitch, and it is free from any right of a third party.

Subsequently Hershenbaum filed a lawsuit to cancel the agreement, claiming that any person who knows in advance for similar obligation of the seller to a third party - a neighbor, was not buying the pitch that has a legal confrontation with a neighbor, it takes legal conflict with - unless detail it is specified in advance and was reflected in the price field.

Yad Sarah on the other hand argued that if all the facts alleged in the complaint are true, you must delete the claim outright, for there is any breach of the agreement. Yad Sarah's commitment in 2000 to Elbaum, does not apply to purchase the lot from it, so Hershenbaum can build up to the zero line.

The legal question was about whether Yad Sarah had commitment to the Elbaum family, allows the right to cancel the agreement as a whole. The judge decided today (Sunday), "I have concluded that there is a reasonable possibility to enforce the liability in the case of the plaintiff, as part of litigation future with Elbaum", and stated that withholding the limit planning field "is of real significance, that affects the possibility of utilizing the construction field and the possibility of its use."

For this reason, Judge Moshe Bar-Am ruled: "I order the defendant to pay the plaintiff the sum of NIS 33,577,512 plus interest and linkage differences. I further order the defendant to pay the plaintiff NIS 2,825,334 plus interest and linkage differences. "In addition judge ruled Yad Sarah to pay Hershenbaum court costs of NIS 1,180,000. Total = 37 million, 609 thousand NIS 846.

'בחדרי' גם ברשתות החברתיות - הצטרפו!