Signature without Reading the Contract
- Buying an apartment in Israel
- The Sales Contract
I grew up on an urban Jerusalem legend that absolutely should not be adopted that tells of that rich dirt contractor as wealthy as Korach who would sign a thumb signature on all the contracts of millions without reading the contents of the contract, and when asked to explain this strange behavior, he said he could always claim he did not understand what he signed.
And from legends to real – life situations. It is extremely difficult to shake off a signed contract.
A rule is that a person who signs a document is held to have read it and understood its contents and that he has marked it as a sign of his consent.
Especially when it comes to an essential document in relation to his home, a party seeking to contradict this presumption bears a heavy burden of proof.
“Moreover, the burden of proving ‘nothing was done is heavier than the burden of proving other claims in civil law. Those raising a null claim must contradict this stronghold and prove their version with positive evidence as a reasonable possibility. ”
The Supreme Court has reiterated on several occasions that a person’s signature on a document constitutes evidence that the person read the paper, agreed to it, and was aware of the meaning and consequences of his signature, and therefore cannot dismiss it.
It was therefore ruled that in most cases “a person who signs a document without knowing its contents will not be heard claiming that he did not read the document and did not know what he signed and what he undertook.”
Nor will excuses help in the form of we did not understand what we signed, we did not know, the lawyer did not explain to us, the contract is standard.
The Supreme Court rejected all of these excuses and many others.