The office has achieved favorable trial results for its clients in the filed of real estate litigation, including:
• Civil Case 1194/04 Boneh Moledet vs. XXXXXXXX. In a Tel Aviv Disctrict Court case, the Honorable Judge Yehuda Zaft ruled in favor of our client, and determined that the mortgage was granted to secure a loan by Boneh Moledet. The company defaulted on the loan and therefore refinancing the loan with another loan has not effect on the validity of the mortgage.
• Commencing Motion 1008/5 before the Honorable Judge Yehudit Shevah, Tel Aviv District Court. The Judge rejected the plaintiffs’ arguments and determined that the plaintiffs knowingly mortgaged the property in our client’s favor.
• In Civil Appeal 294/76 Anglo Saxon Agency v. Pesserman, the Supreme Court defined the formula that determines a broker’s eligibility to a commission. The judgment was made in favor of Anglo Saxon, represented by David Soffer Law Offices, and determined that the defendants owed Anglo Saxon a brokerage commission even though they have paid a commission to another broker.
• In Commencing Motion 1477/04 Ditz v. Inchi, before the Honorable Judge Drora Pilpel of the Tel Aviv District Court, ruled in favor of our client and determined that a co-operative agreement that had not been registered in the Land Registration Bureau was binding on the property owner although she was not a party to the agreement.
• In a claim heard by the Tel Aviv Commissioner of Cooperative Buildings, Mr. Oren Silberman, the Commissioner ruled in our client’s favor, applying a clause in a cooperative agreement to the parties to the agreement.
• Commencing Motion Tel Aviv Magistrate Court, before the Honorable Judge Oshri Frust-Frankel. The Court ruled in favor of the firm’s foreign client, which was being sued for a beneficial interest in a property in the event of actual possession of the property.
• In Court Execution 8492-03-14 before the Honorable Senior Magistrate Amir Chahanovitch of the Tel Aviv Magistrate Court, the Court ruled in favor of the office’s client, Maccabi Healthcare Services, in a claim for a liquidated sum filed by the Tax Authorities in respect of alleged failure to pay rental fees to the receiver of a property after issue of a receivership order on the property.
• The office previously administered the MAKO website real estate forum (sale and purchase of real estate properties), providing first-line legal support for website visitors’ questions on real estate related issues. Attorney David Soffer has also written several features on real estate that have been posted on the MAKO website.