Israeli Real Estate Lawyer
For many of us, real estate transactions are the largest and most important transactions we will make in our lives, and therefore they are often accompanied by many fears and concerns. To ensure your peace of mind when selling or buying real estate, it is important to rely on the services of a real estate lawyer.
A real estate lawyer is a lawyer who knows all the special aspects of real estate law and the Israeli market. Decker, Pex, Levi specializes in real estate and offers comprehensive legal services tailored to the specific needs of every client, from the evaluation of basic lease and sale agreements to more complex transactions, such as the initiation of urban renewal projects within the framework of TAMA 38 and more. Our legal services are specifically designed to meet your individual needs as a client, taking into account the nature and complexity of each transaction.
We offer a variety of services that cover all aspects of real estate law to clients all over the country, from our offices in Tel Aviv and Jerusalem.
Whether you are a business entity, an individual or an investor from abroad purchasing properties for investment purposes, the expertise of our lawyers in the field of real estate will ensure that you receive the professional support you need throughout all stages of the transaction.
Why do you need a real estate lawyer?
Almost everyone will be part of a real estate transaction at one point or another in life and may benefit from the services of a lawyer in the field of real estate, whether in connection with lease transactions, buying or selling property, or for the purpose of dealing with planning and building issues that require legal expertise.
Real estate law in Israel is a complicated legal field governed by several different laws, including, among others, the Land Law, 5729-1969, which regulates the civil law relating to the field of real estate and the Planning and Building Law, 5725-1965, which regulates the activities of the planning institutions in Israel.
There are other characteristics of the Israeli real estate market that add complexity to real estate transactions, such as different types of ownership (private, land owned by the Israel Land Administration, and more) and requires different bureaucratic procedures.
For most of us, these are completely foreign terms that are difficult to fully understand, and the implications of mistakes can be far-reaching. The role of a real estate lawyer is to navigate between the various laws, and to perform all the necessary inquiries and actions to facilitate the execution of the transaction and to ensure your interests are protected every step of the way.
When should you contact a real estate lawyer?
As a general rule, it is recommended to use an experienced real estate lawyer in any real estate transaction. Below are specific examples of cases in which you should contact a lawyer:
Buying property
Finding property that meets your criteria and fits your budget is not an easy task. But even after you locate the property, you are still at the very beginning of the process. When it comes to buying property, the importance of hiring a real estate attorney cannot be overstated. Buying property is a complex and expensive transaction, with considerable potential for legal complexities and potential risks. An expert real estate attorney has the knowledge, expertise, and experience to navigate these complexities and to protect your interests throughout the process.
Your lawyer will assist in performing preliminary examinations to ensure that what you see is what you actually get. For example, by verifying the true ownership of the property to ensure that the seller is indeed the owner of the rights to the property and is allowed to sell it. In addition, the lawyer will examine whether there are any additional rights or restrictions on the property in favor of the bank or other parties that could affect the transfer of ownership. Your lawyer will also ensure that there are no legal issues or building anomalies by checking with the authorities that the condition of the apartment matches its formal registration.
A real estate lawyer can also provide valuable guidance and advice, conduct negotiations on your behalf and assist in obtaining a mortgage. Your lawyer will draft the sale agreement in a way that protects your interests and will address any concerns or disputes that may arise during the sale and will try to ensure optimal tax planning. After signing the agreement, the lawyer will register a warning note in your name, and then handle the transfer of ownership in your name.
In view of the complexities involved in buying an apartment, it is important to seek the advice of a real estate attorney when planning to purchase property in Israel, whether you are an Israeli citizen, or a foreign citizen interested in purchasing real estate in Israel. A real estate attorney will accompany you throughout all stages of the sale and help you make informed decisions, reduce risks and ensure a successful closing of the transaction.
Selling property
A real estate transaction involves quite a few complexities for the sellers as well, and therefore it is important to use the services of a real estate lawyer.
The lawyer will make sure to carry out the necessary preliminary examinations to verify that the transaction can be completed, including the registration of any liens on the property.
Usually, following the sale of property, the sellers will have to pay the local authority an improvement levy. A real estate expert will examine your entitlement to any exemptions and try to achieve optimal tax planning, in order to maximize your profits while minimizing the tax liability.
Your lawyer will also assist in managing the negotiations with the buyers and will make sure to draft the clauses of the agreement in a way that will protect your interests. For example, by defining the terms of payment and creating a mechanism that will ensure the transfer of funds. In addition, the lawyer will ensure that the warning note registered in favor of the buyer will be subject to the full execution of the transaction and the transfer of the payments in full by the buyer.
Our firm provides comprehensive legal services for all types of real estate transactions, from inception to closing, while fully safeguarding the interests of our clients.
Leasing property
Although a lease agreement is considered by many to be a simple contract, it is a contract that may expose both the tenant and the landlord to various risks, and therefore it is important to draft it in a way that benefits your interests. Consulting with a real estate specialist can reduce risks for both the tenant and the landlord and provide them peace of mind knowing that their attorney protected their rights.
From the landlord’s perspective, the property is a very valuable asset, entrusted to the tenant, and therefore the lawyer will make sure that the lease agreement includes all the clauses needed to protect the rights of the landlord. The lawyer will also examine the tenant’s ability to meet their obligations and will include sufficient guarantees and securities within the framework of the agreement, which may prevent the landlord from conducting lengthy and expensive legal proceedings later on.
And from the tenant’s perspective, it is important to ensure that their rights are protected within the lease agreement. A real estate attorney will make sure that the owner of the apartment will be obligated to fix any defects discovered during the lease period and will include a clause preventing the landlord from demanding that the tenant vacate the apartment before the end of the lease, except in cases agreed upon in advance.
In addition, if legal disputes arise during the rental period, the lawyer can send a notice and try to help avoid expensive and complex legal proceedings. If the dispute escalates, a real estate lawyer will be able to assist in the management of the legal proceedings, with the aim of reaching the best outcome for you.
Real estate taxation
Various taxes are imposed when buying or selling property (appreciation tax, purchase tax, improvement levy). At times, the tax can be so high that the transaction becomes unprofitable. Therefore, it is important to consult a real estate attorney even before making the transaction. The lawyer can help with beneficial and professional tax planning, in a way that may significantly reduce the tax liability. The lawyers at our firm are experts in the field of real estate and will be able to help plan real estate taxation in a way that will prevent unnecessary tax payments and financial expenses.
Cooperative societies
A cooperative society is a unique form of association in Israel. As implied by its name, this is a corporation with economic activity that includes cooperative elements of equal rights and burdens of the members of the association.
A significant part of the moshavim and kibbutzim in Israel are incorporated as cooperative associations, and they hold the rights to the lands and real estate associated with their settlements. In view of the changing needs of those settlements, and the need for additional commercial and residential areas, the zoning of the land must be changed. In order to make these changes, one must deal with complex legal issues and bureaucracy.
Based on the unique complexities arising from this type of association, it is necessary to hire a real estate lawyer with specific expertise in the challenges arising from being a cooperative association.
Our lawyers have accompanied cooperative societies in various real estate matters and have extensive experience in representing them before the authorities and in legal proceedings.
Acquisition groups
An acquisition group is a group of people who join forces to build a residential building. In recent years, there has been an increase in the number of acquisition groups, since this method has several advantages, such as the ability to choose your neighbors as well as significant financial savings, without which the buyers may not have had the financial ability to complete the transaction.
At the same time, this form of acquisition also poses challenges, such as uncertainty regarding the rights to the property, the manner in which the funds are managed, and the dependence on the other members of the group.
To make sure that the interests of the buyers will not be harmed in the transaction, each buyer should consult a real estate expert lawyer before the acquisition, so that the lawyer will examine the terms of the transaction and ensure the protection of the buyer’s interests
Condominiums
Most residential buildings in Israel are considered a condominium – a building that includes two or more residential apartments. Living in condominiums may sometimes lead to conflicts between apartment owners over various issues. Most of the conflicts revolve around common property such as stairwells, lobbies and elevators or noise and smell nuisances.
The unique nature of these conflicts requires unique conflict resolution procedures, and in many cases the conflict will be resolved by the Inspector of Condominiums, and where the inspector has no authority – by the court.
In certain cases, these conflicts can also be resolved by mediation or arbitration.
Either way, it is important to consult a real estate lawyer who is familiar with the unique procedures arising from living in a shared house, and who can help reach the best solution for you.
The lawyers at our office have extensive experience in representing tenants in legal proceedings arising from living in condominiums, including before the Inspector of Condominiums.
Real estate partnership agreements and partnership dissolution
A real estate partnership agreement is a partnership in real estate, which can be created by the joint acquisition of an asset (for example, by spouses) or by the inheritance of the same asset by several heirs.
Real estate partnerships can lead to friction when some partners wish to act in a way that does not correspond with the wishes of the other partners. For example, where several heirs have inherited an apartment, and only part of them wish to sell the property. In such a case, the only way to resolve the dispute may be through partnership dissolution.
In these cases, it is important to consult a lawyer with expertise in real estate, who knows how to draw up partnership agreements for the purpose of resolving disputes and can assist in partnership dissolution procedures, if necessary.
Planning and building urban renewal projects (TAMA 38)
In recent years, there has been an increase in urban renewal projects within the framework of National Outline Plan 38 (TAMA 38) to strengthen buildings or to demolish and reconstruct buildings. These projects carry significant profit potential for the apartment owners, whether they are long-time apartment owners or investors who purchase the apartment in order to benefit from significant profit potential at the end of the process.
What is TAMA 38? It is a national outline plan from 2005 in which arrangements were made for the strengthening of buildings built before the current building standard was established, and which also allow for an outline of the demolition of the existing building and the construction of a new building in its place. In return for carrying out the building strengthening project, the developer receives easements and construction rights to additional units while the apartment owners benefit from various building additions, such as an elevator, an additional reinforced security room, a balcony, parking lots and more. In demolition and reconstruction projects, the tenants get a brand-new apartment instead of the one that was destroyed.
TAMA 38 projects involve a lot of bureaucracy and require an in-depth legal understanding, and it is important to use an experienced real estate lawyer that has already successfully accompanied projects of this nature.
As part of the legal support, the lawyers will provide advice from the planning stages, manage the negotiations with the potential developers and prepare the contract documents for those selected by the developer. The lawyers will make sure that the owners of the apartments will be given the appropriate securities, will assist in the approval stages of the plan and will accompany all the stages of the project until its completion in obtaining an occupancy permit and delivery of the apartments.
In addition, various challenges may arise during the project, such as objections to the approval of the plan as well as legal disputes between the apartment owners and developers.
Decker, Pex, Levi specializes in legal representation within the framework of TAMA 38 projects for tenants, developers and contractors, throughout the entire process. The lawyers accompanying the project will help the parties overcome any challenges that may arise, in order to promote the continuation of the project. Our office represents clients in proceedings before the planning and building committees and before appeal committees for the purpose of obtaining building permits and other procedures.
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