Country: ישראל

Question

For a long period, I was looking to purchase an apartment in my area. One could say that I was familiar with almost all the apartments offered for sale in the area. About two weeks ago, I saw an advertisement by a real-estate broker on the Yad2 website for an apartment on Raziel Street. Since I know that street [it is not a large street], I inquired in every building whether anyone wanted to sell an apartment, and in this way I learned of a particular apartment for sale. After brief negotiations, I finalized the purchase of the apartment. My question is whether I need to pay the broker for the information I received from him that there was an apartment for sale on that street. It is important for me to emphasize that he did not publish the apartment’s address, only the street name. Beyond that, I received no assistance from him whatsoever. He of course published only his telephone number on the website, and I did not call him; he does not even know that I saw his advertisement. I would appreciate a response. Thank you.

Answer

You do not need to pay brokerage fees for information published online for everyone to see, provided that you indeed did not speak with the broker by telephone and the broker did not assist you by providing details about the apartment or the like. Since information published online is available free of charge to anyone who views it, the very act of publication constitutes permission to use it without payment. However, if you spoke with the broker by telephone and he provided details about the apartment that led to the closing of the transaction, you would need to pay the broker for the information received, under the principle of “one who goes down into another’s field.” The amount of payment is determined by the extent of his role in the transaction and varies from case to case, but that is not the case in the situation described in the question. Therefore, in practice, you do not need to pay the broker at all, nor do you need to inform him that you benefited from his advertisement on the website.

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