The attorney is the one who represents and accompanies one of the parties to the transaction in everything related to the legal aspects of real estate transactions. This aspect essentially encompasses issues of liability and rights, and how they are expressed in the agreement between the parties. A real estate lawyer specializes in and is well-versed in the legal complexities related to the transaction.

The role of the attorney, when representing a buyer, is to examine at the initial stage of the engagement the legal status of the property, the nature of the seller’s ownership, to ensure that the seller standing before him is indeed the legal owner of the property, and that the property is not mortgaged, seized, or subject to various cautionary notes that could prevent or hinder the transaction. The attorney must also ensure that the party he represents receives all necessary legal protections to secure his rights in the deal. The involvement of the attorney continues throughout the entire process of the sale transaction—from the negotiation stages of the agreement until the final registration in the Land Registry (Tabu) or with the housing company.

When it comes to the sale of an apartment and the attorney represents the seller, the attorney must ensure that the contract includes protections that will safeguard the seller against late payment, or against the registration of a cautionary note in a manner that might enable another transaction in the event of a breach of contract by the buyer, as well as regarding the seller’s liability and responsibility with respect to the condition of the apartment, particularly when selling a second-hand apartment.

An attorney who accompanies such a process must protect the interests of their client, ensuring that the transaction is carried out in the best possible way for them. However, once an attorney represents both parties, a conflict arises, making it impossible to fully safeguard both sides simultaneously.

Due to the great importance of real estate transactions and their significant implications for each party, Israeli law has created various complex mechanisms throughout the process. The purpose of these mechanisms is to protect the property rights of the parties involved, create certainty in this important market, and safeguard the individual so that they do not find themselves, at the end of the process, losing everything. These purposes are, of course, essential, but as mentioned, they make the process far more complex, requiring close legal guidance by a professional attorney who represents each side separately.

It is important to choose an attorney who specializes in real estate taxation, as taxation is at the heart of the transaction and plays a major role in determining whether the deal is worthwhile from the very beginning.

An attorney specializing in real estate taxation will know how to ensure that you make full use of the rights granted to you by law, so that you end up paying as little as possible.

Not everyone is familiar with the term “capital gains tax allocation,” and you may be surprised to hear that even many attorneys who work in real estate are not fully aware of, or do not understand, this valuable tool called “capital gains tax allocation.”

So what is capital gains tax allocation?

It is not the distribution of capital gains tax into payments, but rather the distribution of the capital gain generated in the year of sale across several years. In this way, you may be able to significantly reduce, or even eliminate, the tax if you meet certain criteria such as low income, multiple tax credit points, age 60+, and more.

My office specializes in this field and performs a feasibility check free of charge and with no obligation.

Do not sign a memorandum of understanding! A memorandum of understanding is considered a binding sales agreement in every respect, and therefore directly ties you to the transaction and prevents you from conducting free negotiations, since you have already signed and committed yourself in advance to the other party. Therefore, my recommendation is not to sign under any circumstances a memorandum of understanding, or any document by that name or similar, that binds you to a compulsory transaction.

A preliminary appraisal is essentially an appraisal ordered before signing the agreement. It is important and highly recommended, as it ensures that all planning and physical inspections of the property have been carried out, and it may also contribute to further negotiations with the seller according to the findings that appear in the report.

A preliminary appraisal is essentially an appraisal ordered before signing the agreement. It is important and highly recommended, as it ensures that all planning and physical inspections of the property have been carried out, and it may also contribute to further negotiations with the seller depending on the findings that appear in the report.