Court Upholds Sale of Woman's Apartment After She Claims to Be Victim of Scam

The Haifa District Court has rejected a woman's lawsuit seeking to nullify the sale of her apartment for NIS 700,000, in which she claimed to be a victim of a scam. Judge Yoav Friedman acknowledged that fraud and theft of funds had occurred but found no proof that the purchasing couple was aware of or involved in the scam.

According to the woman's claim, in December 2023, she fell victim to a "senior citizen scam" after responding to an advertisement promising high investment returns. After realizing her money was lost, she contacted an individual posing as a lawyer from the Netherlands, who promised to recover her funds. Subsequently, other imposters became involved.

She was allegedly told that approximately NIS 2 million was waiting for her abroad, but she needed to pay an "outstanding debt" first. Lacking the funds, she was offered an investor who would provide NIS 250,000, with her apartment serving as collateral for the loan. In reality, in April 2024, she signed a contract to sell the apartment to the defendants for NIS 700,000, believing it was a loan and that the buyers were aware of this.

The couple denied this, stating they were simply looking for an apartment, saw the listing, visited the property, and negotiated the price before finalizing the deal. They asserted that even if the seller was defrauded, they were not connected to the scheme and did not know any of the involved parties. They added that the plaintiff appeared normal at the signing, received explanations from her lawyer, and even requested changes to the payment schedule, which were agreed upon.

Judge Friedman found evidence of the plaintiff being scammed, including transfers of over NIS 160,000 to a Turkish account and communications with individuals impersonating British bank and government officials who promised her over NIS 2 million in exchange for fees. However, the judge ruled there was insufficient proof to link the defendants to the fraud. He concluded that regardless of the plaintiff's motives for selling, no connection was proven between the defendants and the alleged scammers, thus their intentions were deemed to be solely the purchase of the apartment.

The judge noted inconsistencies in the plaintiff's account, such as her failure to present communications linking her to the buyers or even prove their existence. Her husband, who she claimed was present at relevant meetings, was not called to testify. Those present at the signing testified they did not know the individuals she mentioned. The judge also found it difficult to accept her claim that she believed it was only a NIS 250,000 loan, as the buyers paid off her mortgage, and she received approximately NIS 376,000 in total. The court concluded it was more likely she needed to raise funds, possibly due to the scam or other needs, and initiated the sale of her apartment.

The lawsuit was dismissed, upholding the sale agreement. The plaintiff must vacate the apartment within 90 days, pending the payment of the remaining balance. She was ordered to pay NIS 15,000 in legal fees.