12 checks you must make before signing a sale agreement
The full checklist: extract, building file, charges, unauthorised construction, debts and betterment levy.
ReadSecond-hand apartment, new apartment from a developer or selling: checks, contract and Land Registry registration, at our office in Ness Ziona
Amos Ilan, Advocate, Israel Bar no. 35320 | Notary, licence no. 214444
Full legal representation in buying a second-hand apartment, buying from a developer and selling an apartment: preliminary checks, drafting the agreement, securing the funds, tax reporting and registration at the Land Registry (Tabu). Until the keys are in your hands and the rights are registered in your name. The office is in Ness Ziona and also represents buyers and sellers of apartments in Rishon LeZion, Rehovot, Gush Dan and throughout central Israel.
The representation is built around the type of transaction. What is critical when buying from a developer is barely relevant to a second-hand purchase, and vice versa.
Land Registry extract, attachments and any existing mortgage, unauthorised construction, whether the registration matches the situation on the ground, and a payment mechanism protected by a cautionary note and a trust arrangement.
Representation detailsSecurity under the Sale Law, review of the linkage mechanism, the delivery date and compensation for late delivery, the specification and the inspection period, and comments on the developer's standard-form contract.
Representation detailsBetterment tax planning and exemptions, discharging the mortgage in step with the payment schedule, limiting your liability under the agreement, and a clean handover with no loose ends.
Representation detailsWhere there are several owners, an inheritance, land handed to a developer or a commercial property, the important decisions, above all the tax decisions, are made before signing.
Representing landowners with a developer: a defined consideration, a binding specification, timetables, security and compensation for delay, and betterment tax calculated correctly from the day of signing.
About the serviceInherited apartments and several heirs, partition of co-owned property, gifts and transfers between relatives, unauthorised construction, commercial and investment property, and tax planning.
All transaction typesBetterment tax with exemptions, preferential linear calculation, spreading, several sellers and acquisition in instalments; purchase tax by transaction date and buyer type, including joint purchase.
Betterment tax calculatorThe preliminary checks are the stage at which a real estate advocate saves you money. These are the checks we carry out in every purchase:
Six stages, in a fixed order. At every stage you know what is happening, what the next deadline is and what is required of you.
What the property is, who the parties are, how the purchase is being financed and what the desired timetable is. This is also where it becomes clear whether there is a risk that justifies an early check, even before a fee quotation.
Land Registry extract or confirmation of rights, the building file, a search for charges and attachments and, in a purchase from a developer, a review of the project, the land and the bank financing.
Purchase tax, betterment tax payable by the seller, betterment levy and consent fees where relevant. The payment schedule is built so that every payment is matched by corresponding security.
Drafting or amending the sale agreement, the security annexes, the powers of attorney, and the breach and agreed-compensation provisions. In a purchase from a developer, an organised schedule of comments on the standard-form contract is submitted.
Signing with the parties, registering a cautionary note, reporting to the Real Estate Taxation Office within 30 days, and obtaining the tax clearances needed to transfer the rights.
A handover protocol with meter readings, release of the trust funds, and registration of the rights at the Land Registry, with the Israel Land Authority or with the housing company, through to full completion.
Purchase tax is determined by the value of the apartment and by whether it is your sole apartment. The difference between the two columns is usually tens of thousands of shekels, and sometimes more.
| Value of the apartment | Sole apartment | Additional apartment |
|---|---|---|
| Up to NIS 1,978,745 | 0% | 8% |
| 1,978,745 - NIS 2,347,040 | 3.5% | 8% |
| 2,347,040 - NIS 6,055,070 | 5% | 8% |
| 6,055,070 - NIS 20,183,565 | 8% | 10% |
| Over NIS 20,183,565 | 10% | 10% |
The table is provided for general guidance only. Other tracks and reliefs exist, including a reduced rate for new immigrants, reliefs for persons with disabilities and victims of hostile acts, and special rules for a replacement apartment and for a parent and child. An accurate calculation requires an individual review and verification against the Tax Authority's simulator on the date of the transaction.
The full checklist: extract, building file, charges, unauthorised construction, debts and betterment levy.
ReadThe security the developer must provide, what happens when it is not provided, and how to protect your money.
ReadThe updated brackets, when an apartment counts as a sole apartment, and what to do when buying before selling.
ReadIn apartment sale transactions, the fee is usually based on the value and complexity of the transaction, and is agreed in advance in a written fee agreement before work begins. In purchases from a developer, there is a limit on the contribution a purchaser may be required to make towards the fees of the seller's advocate. At the introductory call you will receive a detailed quotation covering every stage of the work through to registration. The fee does not include expenses and official fees, nor the fees of outside professionals such as a real estate appraiser, a licensed surveyor or an engineer, where required.
The law does not require representation in a real estate transaction, but registering rights, reporting to the tax authorities and drafting the security arrangements all call for professional knowledge, and mistakes in these areas are costly. In a purchase from a developer, the project's advocate represents the developer alone, not the purchaser, so independent representation is close to essential. Full details.
A real estate transaction must be reported to the Real Estate Taxation Office within 30 days of the transaction date. Late reporting may result in fines and interest, so it is important that the report be filed at the same time as signing, not afterwards.
With a second-hand apartment, the risk lies in the property and the seller: the state of the rights, attachments, an existing mortgage, unauthorised construction, and whether the registration matches the situation on the ground. With a developer, the risk lies in the contract and the project: the security for the money paid, the payment schedule and its linkage, the delivery date and compensation for late delivery, the specification and the inspection period.
Before any payment, even a small deposit, you must confirm who the registered rights holder is, whether any charges or attachments are registered, whether there is a cautionary note in favour of another party, and what the status of the permits is. A payment made before these checks is very difficult to recover.
Much of the process is now carried out digitally: preliminary checks, drafts, tax reports and online registration. Certain signatures require a meeting or notarial authentication, and these can be arranged together at a single appointment.
I have known Adv. Amos Ilan for 20 years. Over that time I completed several real estate transactions with his help, buying and selling apartments. He was always available and service-minded, and saw the transactions through fully, to my satisfaction. He still serves as a reliable adviser to me today, with broad expertise in his field.
Adv. Amos is a true professional. He raised many points in the contract that we had not thought of, and offered solutions to the issues that came up. Warmly recommended.
A true professional, with broad knowledge of real estate and litigation issues. He helped me a great deal with legal questions. Definitely a warm recommendation.
Amos handled several real estate matters for me and represented me in court. Amos is very professional and thorough, honest, with broad knowledge, a first-rate tactician and strategist. Personal attention and always available.
Amos Ilan is a first-class lawyer: professional, reliable, thorough and humane. Amos handled a neighbor dispute for me, and problems with registration at the Land Registry. A lawyer you can trust with your eyes closed, who faithfully represents me as a client and is available for any question...
Amos is a professional, reliable lawyer and a lovely person above all. From the first moment you get warm, personal and patient attention, with a feeling that someone really listens and cares about you. Beyond the professionalism and excellent service, the prices are very fair and he always explains everything clearly and transparently. I recommend him wholeheartedly to anyone looking for a lawyer they can truly rely on.
Amos is a professional lawyer, straightforward, decent and knowledgeable about everything, and above all, humane and pleasant. He guided the process with great care and helped me a lot. Warmly recommended!
Amos is a professional and thorough lawyer. He gave me excellent and fast service. Humane and courteous attitude!
Reviews were written in Hebrew and are shown here in translation, lightly abridged.
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