The Housing Crisis • The High Court in an interesting ruling: What is the price of an apartment?

Eliezer the Lion
February 19, 2016   
The High Court headed by the Chief Justice is required to hear an appeal by a husband regarding the division and sale of an apartment. The court accepted the husband's appeal, because the regional court's appraiser's assessment is no longer up-to-date 'in light of the rising prices of apartments'"
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The Grand Rabbinical Court, presided over by the Rishon LeZion, Rabbi Yitzhak Yosef, was called this week for an economic discussion against the backdrop of soaring apartment prices.

A couple whose marriage had run aground divorced several years ago. With the divorce settlement, the judges approved the divorce agreement, according to which the shared apartment would be sold and the purchase price would be divided equally between the couple, with the wife having the first right to purchase the husband's share. The regional rabbinical court determined the amount three years ago based on an appraiser's assessment.

The husband appealed to the Great Rabbinical Court, claiming that no internal pricing was conducted between them, and that the value of the apartment was higher than the value determined by the appraiser.

The panel of judges of the Great Rabbinical Court, presided over by the Rishon LeZion, Rabbi Yitzhak Yosef, and the judges, Rabbi Zion Algrabli and Rabbi Yaakov Zamir, discussed the issue at length, and based on a series of first and last poskim, they rejected the man's appeal on the issue of pricing, but accepted his appeal because the appraiser's assessment did not reflect the actual value of the apartment.

The judges noted this in light of the apartment prices they stated as of the date of the appraiser's assessment, and therefore ruled: "Since the initial appraisal is not up-to-date - it is not considered an appraisal and must be updated according to a new appraisal from an agreed-upon appraiser, to be agreed upon, within two weeks from today. In the absence of agreement, the regional court will appoint an appraiser, and the woman will have the initial right to buy based on the appraisal that will be given.".


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