Parents Helping to Buy an Apartment: Gift, Loan and Prenup
Parents giving money towards a young couple’s apartment? The difference between a gift to one spouse, a gift to both and a loan, and how a prenup protects it.
Real Estate Litigation and Property Transactions Lawyer
Real estate lawyer
A real estate lawyer is needed in property transactions, which are of great importance to both the owner and the buyer. Real estate cases in Israel often reach the courts, whether to resolve disputes, breaches of contract or fraud. Each side brings its own arguments, and because real estate law is very broad and includes many sub-fields, proving those arguments in court is not always simple for the claimant or the defendant.
When there is a dispute over land or a property, it is advisable to have legal support from a lawyer who specialises in real estate law. The lawyer’s knowledge and experience are critical to the success of your claim or defence and to preparing the statement of claim or defence before the hearings.
Filing a real estate claim
A breach of contract, an infringement of rights or fraud relating to a property should not go unanswered. The immediate step available to the injured party is to file a claim with the Magistrates’ Court. It is advisable to have the claim drafted by a real estate lawyer on the basis of the documents, emails and any other records relating to the case. The lawyer will also represent you at the court hearings.
Professional support in planning and construction procedures
A real estate lawyer deals with more than claims. When a project goes through a planning and construction process, the lawyer can represent the parties involved before the authorities and, where necessary, before other companies.
Legal advice for apartment sale transactions
Another area of real estate support is sale and purchase transactions. A real estate lawyer prepares contracts for the sale and purchase, checks the legal status of the apartment and the Land Registry extract (Tabu), and provides support up to the signing of the contract. Where an agreement has already been drafted, the lawyer can review it for the client and make sure that all of the client’s rights are protected under its terms.
Who should you contact for real estate advice?
If you need legal advice and support on real estate matters, Paz Israel & Co. Law Office is here for you. We support many clients every year in real estate matters. Contact us – an experienced, highly professional team of lawyers is at your service.
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Guides for buyers of new apartments and landowners
- A Lawyer for Buying a New Apartment from a Developer in Israel
- Negotiating a Developer Contract in Israel: Which Clauses to Change
- Sale Law Guarantees and Payment Vouchers: How Your Money Is Protected
- The Technical Specification of a New Apartment: What to Check Before Signing
- Construction Input Index Linkage: What You Actually Pay for a New Apartment
- Off-Plan or Completed Apartment from a Developer: Which Is Better?
- Late Delivery of a New Apartment in Israel: How Much Compensation?
- New Apartment Handover in Israel: Protocol, Inspection and What Not to Sign
- Registering a New Apartment at the Land Registry: Why It Takes Time
- Selling a New Apartment Before Delivery in Israel: Transfer of Rights
- Developer in Financial Difficulty or Insolvency: What Should Buyers Do?
- Combination Deals in Israel: What Landowners Should Know Before Signing
Frequently asked questions
When should I contact a lawyer when buying an apartment?
Before signing any document, including a memorandum of understanding. Even a short document may be considered a binding contract.
What matters when buying from a developer?
Check the specifications and timetable, and make sure every payment is backed by security under the Sale (Apartments) Law, such as a bank guarantee. The developer’s proposed contract can usually be negotiated.
How is the money protected in a second-hand purchase?
A caution note is registered in the buyer’s favour, and payments follow a schedule coordinated with removal of the existing mortgage and handover of possession. In some deals part of the price is held in trust.
Can one lawyer represent both buyer and seller?
It is not recommended. Each side has different interests, and it is better for each to have their own lawyer.
What happens after signing?
The lawyer reports to the Tax Authority, handles purchase tax or betterment tax as applicable, obtains the required approvals and registers the rights in the buyer’s name.
How much compensation is due for late delivery of a new apartment?
For contracts signed after Amendment 9 to the Sale Law (2022), when the delay exceeds 30 days, compensation is based on comparable rent: full rent for the first four months, 1.25 times from month five to ten, and 1.5 times from month 11.
How much of a new apartment’s price is linked to the construction input index?
For contracts signed after the 2022 amendment, the first payment of up to 20% is not linked, and only half of the remaining price is linked: about 40% of the price in total.
How much do buyers pay the developer’s lawyer?
The law caps it. In 2026 the cap is the lower of 0.5% of the price or NIS 5,915, plus VAT. This payment does not replace a lawyer acting for the buyer.