Purchase of property is characterized by a very careful and serious type of transactions that start long before receiving the key: searching for the property, ideally fitting it to all the buyer’s needs and his use of the property, bureaucratic reasons (such as principal approval of a mortgage, agreements regarding what remains in the property), thoughts of renovating, if necessary and more. In order to get through the process correctly, in most cases, professional guidance is needed, which is no less important than the process of searching for the property itself.
The directing factor that leads the process is usually a real estate lawyer who provides tools, knowledge, mediation between the sides and of course professional advice and guidance along the way. But while many good lawyers will be able to offer themselves to the job, some buyers ask themselves which of all the existing lawyers in the field should they choose? What distinguishes your choice from one factor or another and are there any to watch out for?
Are you about to purchase property? This is how to choose a real estate lawyer in Israel
The great selection of lawyers in Israel opens the opportunity for buyers to choose their preferred professional. But despite the impressive title of a licensed lawyer, not any lawyer can become a real estate expert, and this is a very accurate field in which specialization and professionalization are needed to allow the lawyer to gain experience and assist his clients in the best possible way. Except, the Israelis are real champions when it comes to savings and shortcuts.
Each of us would prefer to get the advice from the family or to get the help of someone who has already purchased property in the past and knows how to make a “smooth” purchase. As a result – many people turn to lawyers they know and not specifically those from the real estate field and set false hopes on them regarding the success of the purchase. However, such transactions often “blow up” due to lack of familiarity with the field and may cost buyers a lot later on. Therefore, it is important not to save on the factor that should lead to a good deal, in which, the asset sold to you is in a worthy and working order and you do not have to face bureaucratic obstacles.
A lawyer which specializes in real estate takes care only of your interests and is committed to them: checking and making sure that the purchase process is done in accordance with the law and that no detail gets lost on the way. He will prevent any situation in which you may be at a loss and gives you the confidence and peace of mind that are so important in making a significant and responsible step such as purchasing property.
The actions that every real estate lawyer in Israel is obligated to perform
Before signing any document between the sides including signing the sale contract, it is very important that you, the buyers, examine the deal from every possible angle and assess the risks with your lawyer: Who is the entrepreneur in the event of purchasing a new property from a contractor, what is the status of the rights on the land, is it possible to build on that land and are all the necessary approvals in order, is there a formal and exact description of the property, which will be found in the sale contract, dates of future payments to the seller or the contractor, taxes authority and municipality, examination of additional payments for entering a new apartment such as connecting to a water and electricity meter, checking payment dates, structure quality and making of changes in the property.
A real estate lawyer is required to ensure that the buyer receives the property in the same condition as the sale contract states, and, in the agreement, it is possible to determine many options that were agreed upon between the sides, such as making changes in the property at no cost or at reduced costs, the date of handing over possession of the property and what happens if there is a delay in delivery. A few days prior to delivery, an examination of the structure’s quality must be performed by an engineer to examine possible defects and fix them if any exist.
The lawyer will make sure that all required permits (such as Form 4, housing occupancy form, etc.) have been given by the authorities and in the case of construction, make sure that it was carried out according to the plans. It is worth knowing that the law of sales of new apartments allows receiving the apartments in up to 60 days and without compensating the tenants. Starting from the 61st day until the day when the apartment gets delivered to you, the contractor will have to pay you compensation without any proof of damage. Your lawyer will, of course, demand compensation according to the law if and when there is a delay in delivery on behalf of the contractor.
Why is a real estate lawyer needed in purchasing a second hand apartment?
Every transaction in which you purchase an apartment comes from the desire to provide yourself a roof that suits your personal needs in terms of size, location and internal division of the apartment. Such a transaction is a very important step in life and therefore it requires you to prepare and plan every action in order to minimize risks, especially with regard to the overall costs of the transaction.
With the help of the real estate lawyer, you can minimize risks and improve the certainty of the transaction and its worthiness and eventually sign a satisfactory sale contract which will not bring you to dangerous situations in the future. Many families have already been led astray in the past by sales contracts in which no mentioning was made of kitchen cupboards or electrical outlets and they had to buy and install new ones after the previous owners dismantled them on their own initiative. The lawyer will examine each section, detail and word in the contract and will be able to accompany you throughout the transaction from the negotiation stage until the registration of the property.
The real estate lawyer, which is entrusted with making a proper and worthwhile transaction for you, the buyers, will check the lien on the property and will check if there’s mortgage and foreclosure on it, will check the municipal file and make sure that there is a building permit, draw up the contract in a manner that suits your considerations and interests including payment dates and delivery of the key, register a warning note and register the rights, represent you in every aspect with the sellers or their lawyer, and will accompany you at any meeting between the sides or when visiting the property during the examination of the worthiness of the transaction.
Full legal support even in purchasing other properties
The purchase of commercial properties such as offices, stores and various structures, requires a reliable and experienced professional entity to examine whether they are suitable for you in practical and financial terms, since they include sections that are not found in the regular sale contract such as exclusivity, permits from the authorities, permission to operate a business within the property, the landlord’s identity, thorough examination of the property and more.
In real estate transactions, the frequency of disputes is extremely high. Property owners, for example, who do not receive the rent or refuse to vacate the property because of the termination of the contract, situations where property owners are in conflict with each other or disputes arise over inherited apartments and any other situation that may obscure the upcoming purchase as a result of disagreement or argument. In these cases, it is important for your lawyer to work professionally on the subject and give his opinion on the issue so that you will not find yourselves as another side to a transaction that may be delayed or cost you twice as much.
So happened, for example, to a couple who wanted to open a store and was already in advanced negotiations with a certain store owner, including receiving a large loan, until they found out that the store was jointly owned by the owner and her brother, inherited to them by their father. The brother objected to the sale, and the two have been dealing with a legal dispute for years, which in effect prevented the deal and forced the couple to go back to searching from the beginning.
If you are looking for a real estate lawyer in Israel who specializes in the subject and provides professional, responsible and thorough legal support all the way, Miskevich Law Firm is at your service and has many years of experience in representation in all aspects of the real estate field along with consultation on the subject, while maintaining service quality, personal approach and availability for each client.
*The above article is by no means a legal advice; any use of this information is solely under the reader’s responsibility.