As a rule, yes, under section 23 of the Contracts (General Part) Law. But there are contracts for which the law requires writing, first and foremost an undertaking to enter into a real estate transaction (section 8 of the Land Law).
Contracts Lawyer
Drafting, reviewing and editing contracts and agreements so that they reflect what was agreed and protect you if the other party fails to meet its obligations.
Under section 23 of the Contracts (General Part) Law, 5733-1973, a contract may be made orally, in writing or in any other form, unless the law or an agreement between the parties requires a particular form. In a real estate transaction, for example, section 8 of the Land Law requires a written document. Agreed compensation is payable without proof of damage, but the court may reduce it if it was fixed without any reasonable relation to the damage (section 15 of the Contracts (Remedies for Breach of Contract) Law).
Checking a contract in a 30-second video
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In the video: before signing a contract, check that it reflects exactly what was agreed, including who the parties are and what each one undertakes. Check the payment schedule and the security, and what happens if the other party does not perform, as well as the deadlines, the agreed compensation and the way out of the contract. A contract is checked before signing, not after.
When you need a lawyer for a contract
- Before signing a contract drafted by the other party.
- When closing a deal and you want a contract that fits it, not a template from the internet.
- For a co-ownership agreement for real property, an agreement between heirs or a lease.
- For an agreement with a contractor for renovation or construction work.
- When there is a dispute over the interpretation or performance of the contract.
How the work proceeds
- Understanding the transaction. What was agreed, what matters to you and what the risks are. The contract is built around the transaction, not the other way round.
- Draft or comments. Drafting the contract, or providing organised comments on the other party's draft.
- Negotiation. Settling the open points with the other party or with its lawyer.
- Signing and follow-up. Signing and, where necessary, monitoring the deadlines, payments and security provided for.
Our contract law services
Our office offers a wide range of legal services relating to contracts, including:
- Drafting commercial contracts: partnership agreements, distribution agreements, confidentiality agreements and more.
- Drafting employment contracts: employment agreements and termination agreements.
- Drafting real estate contracts: sale agreements and leases.
- Reviewing and analysing all types of contracts.
- Conducting negotiations ahead of signing a contract.
- Ongoing legal advice on contractual matters.
- Legal representation in contract disputes.
What to bring to the meeting
- The draft you received, if any.
- A summary of what was agreed: price, deadlines, terms.
- The parties' details and, for a company, its certificate of incorporation.
- Previous agreements between the parties.
Timeline and cost
Timeline: in the first conversation you receive an initial assessment of the situation. If the documents are sent in advance, the assessment is better founded. Comments on a contract or a first draft are usually returned within a few business days, depending on the length of the contract.
Cost: the fee is set out in a written fee agreement, according to the length of the contract and the complexity of the transaction, and a quote is given after an initial conversation.
A tailored contract or a generic template
| Subject | Contract tailored to the transaction | Generic template from the internet |
|---|---|---|
| Fit to the transaction | Reflects what was actually agreed | Unaware of the details of the transaction |
| Deadlines and payments | Linked to security | Usually generic |
| Breach | Reasonable remedies and agreed compensation | Sometimes missing, or excessive and liable to be reduced |
| Form | Meets the statutory requirements (for example, writing for real estate) | Not always |
Contact us
If you need a new contract, a review of a draft you have received or advice in a contract dispute, we will be glad to hear the details and explain the options.
Questions and answers
Is an oral agreement binding?
What is agreed compensation?
A sum the parties fixed in advance for the event of a breach. It is payable without proof of damage, but the court may reduce it if it was fixed without any reasonable relation to the damage that could have been foreseen (section 15 of the Contracts (Remedies for Breach of Contract) Law).
More on real estate
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