They bought a villa for millions and refused to pay the real estate agent: court ruling
The buyers claimed that material details regarding building violations were knowingly hidden from them, but the court rejected their version after a surprising piece of digital evidence sent by the agent was presented.
A voice message sent on WhatsApp even before the couple visited the detached house for the first time was at the center of a sharp financial dispute that reached the Magistrate's Court in Petah Tikva. The two, who purchased the property for about 6.1 million shekels, refused to transfer the pre-agreed commission to the agent and claimed that significant information had been hidden from them. However, the court rejected their version and ordered them to pay the agent a total sum of about 120,000 shekels.
The affair began about four years ago, when the couple sought to purchase a private house and signed a document ordering brokerage services. As part of the engagement, it was agreed that in the event of a completed transaction, they would transfer to the agent a commission at a rate of 1.5% of the property price, alongside VAT payment. At the end of negotiations between the parties, the purchase deal was signed, but then the buyers announced that they would not pay the brokerage fees, which amounted to about 93,000 shekels.
The couple claimed that the agent's conduct was improper. According to them, she knowingly hid from them planning details regarding the property, acted in bad faith during the negotiations, and even committed an act of fraud. At the center of their claims was a housing unit used as a storage room, which according to them was built without a building permit, in violation of the lease agreement, and in a way that does not allow for its future legalization.
Following the refusal to accept her fee, the agent filed a lawsuit against the couple. Through attorney Ori Skuza, she denied the claims attributed to her and clarified that she fulfilled the duties imposed on her in accordance with the Real Estate Brokers Law.
During the proceedings, a voice message that the agent sent to the husband via WhatsApp was examined, even before the couple arrived for the first visit to the place. In the recording, the agent is heard saying explicitly:
«There is some unit there that is not approved».
The remarks weakened the buyers' claim that information about the unit was hidden from them until after the deal was completed.
Judge Zahavit Eldar determined that the agent passed on to the buyers all the details that were provided to her by the property owners. It was further determined that she fulfilled her role according to the law and was the "effective factor" that brought about the completion of the purchase. Because of this, the couple's claims regarding deception, concealment of information, and defects they claimed were discovered in the house were rejected.
In the verdict given last week, the agent's lawsuit was accepted, and the couple was ordered to transfer to her the full commission requested, alongside the costs of the proceedings. The total charge reached about 120,000 shekels.
