How to choose a recommended lawyer for buying or selling an apartment

What does the lawyer actually do in an apartment transaction?

• Checks before signing: the Land Registry extract, notes and attachments, permits, and debts to the municipality and the house committee (see: 12 checks before signing an apartment sale agreement).
• Drafting and negotiating the agreement, including a payment mechanism that protects your money.
• Registering a cautionary note immediately after signing (see: Cautionary note and payment mechanism).
• Reporting the transaction to the Israel Tax Authority within 30 days, under section 73 of the Real Estate Taxation Law, and calculating purchase tax or betterment tax (see: Purchase tax calculator).
• Support through to registration of the rights in your name, or until the seller's mortgage is discharged.

When buying from a developer, this also includes reviewing the specification and the rider of amendments, and obtaining a guarantee under the Sale (Apartments) Law for every payment (see: Sale Law guarantee). It is important to remember that the developer's lawyer represents the developer, not you.

What should you check before choosing a lawyer?

1. Experience in transactions of your type. A second-hand apartment, a purchase from a developer, a plot of land, an inherited apartment or an apartment with a mortgage are different transactions. Ask how many such transactions the lawyer has handled, and what was complex about them.
2. Who actually does the work. Make sure that the lawyer you met is the one who carries out the checks, drafts the agreement and is with you at the signing, and does not merely sign at the end.
3. Availability at the critical moments. There are three moments when a quick response matters: before signing a memorandum of understanding, on the day of signing, and on the payment and delivery dates.
4. A written fee and what it covers. A written quote should set out what is included (checks, reporting, registration) and what is not. See: How much does a lawyer for buying an apartment cost.
5. Understanding of taxation. Purchase tax and betterment tax are often the largest expense after the price itself. The lawyer should explain them before signing, not afterwards.
6. Court experience. Most transactions are completed without a dispute, but when something goes wrong (a breach, an attachment by a creditor, a seller who concealed a defect), it is better to have a lawyer who also knows the courtroom.
7. An active, registered lawyer. You can check on the Israel Bar Association website that the lawyer is an active member of the Bar. The check is anonymous and entirely legitimate.

Which questions should you ask at the first meeting?

• How many transactions similar to mine have you handled, and what was complex about them?
• Who will carry out the checks, and who will be present at the signing?
• What exactly does the fee include, and what may cost extra?
• What purchase tax (or betterment tax) should I expect in my transaction, and when is it paid?
• What will the payment mechanism look like, and what protects me if the seller fails to meet his obligations?

What are the warning signs?

• A promise that everything "will be fine" without any review of the documents.
• A fee that is not given in writing.
• Pressure to sign quickly, without time for checks.
• In a transaction with a developer: a suggestion that you make do with the developer's lawyer.

How much does a lawyer for an apartment transaction cost?

The fee is set by agreement between the client and the lawyer, and there is no single rate. The breakdown, what affects the price and what you should ask to have included are set out in the article How much does a lawyer for buying an apartment cost.

The office's experience in sale transactions

Advocate Amos Ilan (Israel Bar no. 35320), a lawyer since 2003 and a notary (licence no. 214444), has handled hundreds of sale transactions: second-hand apartments, apartments bought from developers and plots of land, simple transactions and complex ones. He handles the work personally, from the checks through to registration.

The office also represents clients in court in real estate disputes. The following are some of the proceedings published in the legal databases:

Advocate Ilan was interviewed by ynet (2021) and published an opinion piece in Globes (2021). What clients have written in their own words can be found on the recommendations page and in the Google reviews.

More on this topic: How much does a lawyer for buying an apartment cost | The 12 checks before signing | Buying a second-hand apartment | Buying from a developer