A story that unfolded in the Be'er Sheva court began with a couple who decided to sell their apartment. The sellers were bothered by a persistent problem with moisture in the wall and feared that it would prevent them from selling the apartment. To address the issue, they cosmetically repaired the wall with putty to cover the moisture stains.
To avoid unnecessary questions, the couple placed a sofa that hid the putty repairs and dampness. Buyers who came to see the apartment inspected it but did not move the sofa and, therefore, did not discover the putty repairs.
After purchasing the apartment, the couple moved in and discovered the moisture problem. They filed a lawsuit at the Be'er Sheva Magistrate's Court, claiming that the sellers intentionally hid the moisture problem by placing the sofa in front of the repairs.
Since the moisture issue was related to a shared wall with the apartment next door, the buyers conducted a brief inquiry with the neighbors. They learned that the moisture problem was an old one and that the neighbors had been unable to resolve it for several years. Furthermore, they had not been able to identify the source of the moisture.
Judge Menachem Shehak ruled that the sellers violated the duty of good faith by not disclosing the defect to the buyers. This was especially important as the defect had been present in the adjoining apartment for years. The judge ruled:
"This is a significant defect that a reasonable person would consider critically when purchasing an apartment. They might either avoid the purchase or insist on a substantial price reduction."
The judge ordered the sellers to pay 116,000 NIS in compensation and an additional 28,000 NIS in court costs and attorneys' fees.
Recommendation: Are you selling a property? Provide full disclosure. It typically makes the deal smoother and reduces the buyer's concerns. When you share information about a problem, it usually diminishes its significance and builds trust, making it easier to progress in the deal.
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