Firm Videos
Short videos, each about half a minute long, on questions that come up again and again at our office. Each video has its own page with a full transcript and a link to the detailed explanation on the site.
Before signing a contract: 3 things to checkBefore 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.
Construction defects in a new apartment: what should you do?Document the defects and notify the developer in writing within the inspection period; the developer is entitled to carry out repairs, and an engineer's report is the basis for a claim.
A dispute in a condominium: the Superintendent of Land RegistrationThe Superintendent of Land Registration is a dedicated judicial tribunal for disputes between apartment owners, and between them and the building's representative body: common property, house committee arrears, a neighbour's construction work and nuisances. In TAMA 38 and urban renewal (pinui-binui) projects as well, the Superintendent hears claims against a refusing tenant and decides whether the refusal is reasonable in the circumstances.
Civil dispute: 3 rounds against the BureaucratChotmi versus the Bureaucrat: a civil dispute in three rounds. First, the dispute is analysed and the prospects assessed, and sometimes it can be settled before it ever reaches court. Then comes a reasoned statement of claim or statement of defence, disclosure of documents and examination of witnesses. Finally, determined representation at the court hearing, through to a fair resolution that protects your rights.
A civil claim, step by stepThe statement of claim defines the field of play, and what is not pleaded in it usually cannot be argued later. At the pre-trial stage the issues in dispute are narrowed and documents are disclosed, and a single document from the other side can change a case. At the evidence stage, affidavits are filed and witnesses are examined, and after closing submissions the judgment is given.
Cross-examination: how it is builtCross-examination is decided before the hearing: the affidavit is checked against all the evidence, and every contradiction becomes a question. The questions are closed, one fact per question, and you never ask a question to which you do not know the answer. When cross-examining the author of an expert opinion, the gaps lie in the underlying assumptions: what he relied on and what he measured himself.
Registering rights in an apartment: the Land Registry, the cautionary note and what you need to knowA real estate transaction is completed by registration; until then you hold a contractual undertaking, not ownership. Between signing and registration you are protected by a cautionary note, which blocks any conflicting transaction and is recorded at the Land Registry. And not every apartment is registered at the Land Registry: some rights are held with the Israel Land Authority and some through a housing company, and the source of the right determines what security can be obtained.
The Sale Law guarantee: how the money you paid the developer is protectedAbove 7% of the apartment price, every payment to the developer must be secured, and the most common security is a bank guarantee. In a bank-financed project, payments are made only through the payment voucher booklet, and the guarantee should arrive within 14 business days. Do not return the guarantee merely in exchange for the keys, but only once the registration or the cautionary note is already in your hands.
An irrevocable power of attorney in a real estate transaction: what it securesAn irrevocable power of attorney secures the buyer's right to be registered, so it survives even if the seller changes his mind. In a real estate transaction it requires notarial authentication, although if it is given to lawyers only, authentication by a lawyer is sufficient. But it does not transfer ownership and does not replace a cautionary note: what completes the transaction is registration.
Breach of a sale agreement: enforcement, rescission and damagesHas the other party breached the sale agreement? First decide: enforcement or rescission; damages may be claimed alongside either. For a breach that is not fundamental, a written extension must be given first, and notice of rescission must be sent within a reasonable time of the breach, because waiting too long may cost you the right to rescind.
Notary fees are fixed by regulation: what you need to knowNotary fees are fixed by regulation and are identical with every notary in Israel; charging above or below the tariff is a disciplinary offence. What changes the amount: the number of words in a translation, attendance outside the office, and service at special hours. The tariff is updated every year on 1 January in line with the index, and the amounts in the regulations do not include VAT.
A letter of demand before a claim: when it works and when it harmsThe law does not require a letter of demand before filing a claim, but when costs are awarded, the court looks at who tried to resolve the dispute. A good letter fixes a date and forces the other side to take a position, and sometimes ends the dispute before it has begun. Where there is a risk that assets will be spirited away, the right step is an application for interim relief, not a letter.Need a lawyer or a notary?
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