Hadar Horesh, themarker.com
Gilad May, owned by Gilad Yiftach, was obliged to compensate buyers of housing and to pay legal expenses in the amount of NIS 117,000, following a delay in the delivery of two apartments and overcharging of changes in apartments. The court rejected the company's claim that the delay was due to the late payment of the buyers in exchange for the changes they sought to bring into the apartment. At the hearing, it became clear that the amount paid late was only NIS 80.
The lawsuit was filed by the Zeno family through attorney Zvi Orr: A pair of parents who purchased two apartments in the company's project in Hatzor Galilit. Excessive charges for changes in the apartment and being credited for missing prices on components they gave up, the company denied the buyers' claims.
Adham Safdie, a Beit She'an Magistrate's Court judge, rejected the company's claims; Stating that according to the law of sale, the company was allowed after delivery of the apartment for a maximum of 60 days. In the event of a delay exceeding this period, she had to prove that she was forced to postpone the sale because of factors beyond her control. Judge Safdie ruled that the company had not produced any evidence to suggest that other entities such as the IEC or state authorities had delayed delivery. The company did not bring any witnesses on behalf of the authorities, nor did it request copies of the approval procedures.
Agreements between the Company and the purchasers regarding changes in the apartments have not been set for payment of the changes. Therefore, there was no reason to reconcile the account of their cost with the delivery of the apartment, and the final basic payment would be given seven days before the actual delivery - as stipulated in the agreement.
Attorney Zvi Or Photo: Mache point
Although, according to the Sales Law, the company was allowed 60 days after delivery of the apartment, without any explanation, Gilad May was also forced to compensate the buyers for this exception. The judge ruled that the right of overdue only applies to the company if it does not exceed the specified period.
In the event of an unjustified delay beyond this period, the 60 days will be included in the delay period: And not after the expiry of the said 60-day period, as stipulated in section 5A of the Residential Property Law, "the ruling states.
The company was charged NIS 81,600 in compensation to purchasers for being late in delivering the two apartments, overpayment for changes in specifications and financial damage to the purchasers; And an additional NIS 21,000 on legal fees and attorneys' fees.
The company appealed the ruling in Nazareth Administrative Court, but the appeal was dismissed. "I did not find that there was any error or error in the application of the law on the facts stated," Judge Arafat Taha ruled, charging the company an additional NIS 15,000 on the costs of the appeal.