Brokerage form that lacks details
- Buying an apartment in Israel
- The real estate broker
The Supreme Court ruled that a written brokerage contract that lacks details should be adopted – although carefully – the approach that enables the fulfilling of the reporter’s requirement in brokerage contracts in some instances and, accordingly, the completion of missing details.
The consumer needs of the Realtors Law should stand before our eyes.
Therefore, only in situations where the missing details in writing did not involve uncertainty regarding the debtor’s identification, his identification of the property, and the rate of brokerage fees that one can consider accepting their absence.
In this situation, and when it is evident that the purchaser wishes to hang on to specific short-term contracts in bad faith, there is no room to meet the reporter’s demand timidly.
Applying this “flexible” approach receives a justification change when someone who needed the brokerage services was represented or was a business party.
In cases where there is no written brokerage contract at all, it is no choice to learn directly from the judgments that allow overcoming the written requirement in a real estate contract.
As a rule, there is room for more significant worsening. If not, the law will be cleared of all content, undermining the purpose of regulating the brokerage market and the necessary protection for those who need brokerage services.
It isn’t easy to think of a situation in which the essential requirement for the existence of a written brokerage contract can be waived entirely.
However, nails should not be determined since even there are exceptional and extreme cases that will justify overcoming the essential requirement for a written mediation contract. This case does not justify setting clear boundaries on the matter.