Jerusalem Court Rejects 93-Year-Old Holocaust Survivor’s Sale Contract Claim Over Withdrawal
A Jerusalem Magistrate’s Court recently dismissed a 620,000 shekel lawsuit against a 93-year-old Holocaust survivor who withdrew from selling her apartment at the last moment before signing the agreement. The apartment is located on Shai Agnon Street. The buyers claimed that negotiations had concluded with a sale price of 6.2 million shekels and that they had prepared a bank check for 1.5 million shekels in anticipation of signing. However, on the morning of the scheduled signing, the seller’s lawyer informed them she had changed her mind and canceled the meeting.
The buyers argued that despite the absence of signatures, a binding contract had effectively been formed and that the seller’s withdrawal constituted a fundamental breach, entitling them to compensation amounting to one-tenth of the sale price, or 620,000 shekels. The seller countered that her withdrawal was due to severe anxiety and emotional distress caused by a dramatic medical event, describing her decision as a genuine human regret rather than bad faith. She characterized the lawsuit as an aggressive attempt to force an unsigned real estate deal.
Judge Oren Silverman ruled that no binding contract was formed between the parties. He explained that under precedent, a seller’s withdrawal even on the eve of signing leaves the relationship in a pre-contractual phase, and the lack of signatures is strong evidence of no final agreement. While courts may sometimes enforce agreements without signatures to prevent unfairness, this case did not justify deviating from the rule that no signature means no binding contract. The judge noted the seller’s advanced age and medical distress and found no bad faith in her withdrawal. He also emphasized that she did not act out of greed or to avoid unexpected tax liabilities.
Consequently, the court rejected the buyers’ claim and ordered them to pay 15,000 shekels in legal costs. The ruling underscores the legal weight of formal contract signing in real estate transactions and recognizes personal hardship as a legitimate reason for withdrawal before contract finalization.
