Court Awards Buyers 265,000 Shekels for Hidden Water Damage
תומצת מתוך Kikar HaShabbat על ידי baba
A Haifa couple will receive 265,000 shekels in compensation after a court found sellers concealed significant water damage and flooding issues in a renovated apartment. The sellers knew about the problems, including past legal actions and a 2015 flood, but did not disclose them. The court emphasized the seller's legal obligation to reveal the apartment's history, even when sold as renovated. This decision aligns with other Israeli rulings on undisclosed property defects.
הידיעה ב-5 שורות · תקציר של baba
- A Haifa couple was awarded 265,000 shekels for hidden water damage in a purchased apartment.
- Sellers concealed severe water issues, including past legal disputes and a 2015 flood.
- The court ruled sellers must disclose a property's history, even if renovated.
- The compensation includes 175,000 shekels in agreed-upon contractual damages.
- The ruling follows similar Israeli court decisions on undisclosed property defects.
A Haifa couple has been awarded 265,000 shekels in compensation after discovering severe water damage and flooding issues in a renovated apartment they purchased, which the sellers had concealed. The couple bought the first-floor apartment in an old building for 1.75 million shekels in 2021. Shortly after taking possession, they found extensive water damage throughout the home, prompting a lawsuit for 344,000 shekels, alleging a fundamental breach of the sales agreement due to the withholding of crucial information.
During the legal proceedings, three main areas of water damage were identified: in the bathrooms, near the drainage pipe and the external wall of the balcony, and water infiltration from the adjacent shelter's wall. It was revealed that the sellers were aware of these problems, as previous legal proceedings concerning water damage had occurred. Furthermore, the contract under which the sellers had originally purchased the apartment included a clause for water damage repairs and a five-year insurance liability. The sellers also failed to disclose a severe flooding incident in the building's shelter in 2015.
Judge Eran Naweh rejected the sellers' claims, stating that the apartment being sold as "renovated" did not exempt them from their legal duty to disclose hidden defects not discoverable through a reasonable inspection. "The defendants had a duty, according to law and precedent, to disclose the apartment's history to the plaintiffs at the time of signing the sales agreement," the judge stated in the ruling. The court ordered the sellers to pay the buyers a total of 265,000 shekels, including 175,000 shekels as agreed-upon compensation stipulated in the contract.
This ruling follows similar court decisions in Israel. In 2020, a Kfar Saba court partially accepted a claim by a couple who bought a penthouse in Hod Hasharon, ordering the seller to pay them 75,600 shekels for an waterproofing issue discovered after the purchase. Judge Hagit Bolmes criticized the buyers for not allowing the seller to perform repairs but still ruled the seller liable for compensation.
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