Test of the Parties’ Final Intention
- Buying an apartment in Israel
- The Sales Contract
Life is dynamic, and we sometimes have strange encounters: signing a sale of an apartment at Ben Gurion Airport just before the sellers fly abroad, or an eighteen-year-old girl buying an apartment with a vast amount financed by her parents.
Due to the lack of seriousness of the opposing party, I had a case where my clients sold an apartment and were offended and were even shocked by the buyer’s behavior and then asked if the other party’s signature did not obligate them at all.
The test of the parties’ final intention is an objective test learned from external criteria and includes the circumstances of the case, the conduct of the parties and their statements before and after writing the document, as well as the content of the document itself, and examines whether a reasonable person in their shoes would have concluded here and entered a contract.