All stages of the registration of the contract of sale and purchase of real estate in Israel.

All stages of the registration of the contract of sale and purchase of real estate in Israel.

 Real Estate in Israel

What is a contract of sale? How to check the guarantees and rights? As well as other issues that are paramount to buyers of apartments from the contractor in Israel.

Who owns the land?

Purchasing an apartment in Israel - it is very difficult and expensive. Probably one of the most important in your life. Many of us, buying an apartment, do not have an understanding about what risks we are exposed to in the paperwork for an apartment in Israel. The conversation is about the risk of loss of rights to the apartment, the various aspects of a legal nature, imposing financial costs and other cases, we seek to minimize the chances.

The first stage in the purchase of an apartment in Israel - check for land rights. Buyer should make sure that the land on which the house will be built, in the possession of the contractor, or he has the right long-term lease for this land. If there is a contract for the construction of a residential building (special agreement the equity in the building, according to which the contractor is working with the owner), the owner of land, you have to check the Israel Land Registry (hereinafter - Thabo) the existence of a point in favor of the contractor. You also need to see all the main points of the agreement. Sample agreement must be attached to the contract of sale as an integral part of the resulting agreement of purchase and sale.

Mortgages

During the in Thabo need to know:

    There are no seizures;
    There are no liens on the site;
    There are no "mashkanta" (mortgage) on the site;
    If there is an open case in the "le Otsaa Poalei" (the system of jurisdiction) and in the present cases there are no orders to confiscate the land;
    There are no "Earat azar '(warning entries).

In addition, you must ensure the following:

    Do you have a contractor license for activities of this type;
    There are no cases filed for bankruptcy and the contractor is not declared whether he debtor in one case.

Also, if you need to, you can check the above points in relation to the owner of the land on which the construction of a residential building is conducted. In any case, this type of work should be referred to qualified lawyer who specializes in real estate in Israel and knows the land laws of this country.

Compliance with an apartment on her contract specifications (acquisition "on paper")

In most cases, the apartment is purchased from a contractor until the end of the construction of the building, and often, even before construction. Buying an apartment in Israel, as they say, "on paper" is usually accompanied by various simulations, beautiful avenues, colorful photos. Usually promising.

Often it does happen when the buyer sees that the color of the purchased apartment is different from the kitchen, repairs are much worse than stated in the agreement, and the plumbing and did China. Such dire consequences occur in the event that the buyer has full confidence in words the contractor or the points of agreement rather vague, leaving the contractor to choose the materials for the repair and construction of apartments.

To avoid such situations, you need to make sure that all the clauses relating to the quality of materials and material contents of the apartment and clearly spelled out, as well as designated manufacturer and purchase price. Do not leave the slightest room for choice of materials by the contractor for the various parts of the apartment of your choice. It must be remembered that all advertising and brochures are intended to illustrate, and it is often not true.

Compliance apartment building and its neighborhood general plan of city development

For the construction of a residential building contractor from local authorities must obtain a building permit, which corresponds to the plan for the city. Many contractors procedure begin construction in Israel, referring to the resolution, which will only be then issued to them in accordance with the general plan of development.

In some cases, the contractor tells the buyer of a magnificent eight-story building and refers to the permission for this building, but in fact this building will be constructed, for example, on the basis of a permit to build a four-story building.

Conversely, customers in the building, which was planned to build several apartments, find that in place of a small building is multi-story building with a large number of apartments.

To check the legal situation, it is necessary to state to local authorities, there is a copy of the receiving building permits, as well as demand from the contractor a copy of the resolution, certified by a notary public, on the basis of which he is building.

It should be noted that in the event that the contract of sale was signed before permission was granted for the construction, the buyer must take care in advance about the mechanisms of premature termination in the following cases:

    If the contractor has been granted a construction permit;
    If a building permit is not consistent with what was stipulated in the agreement of purchase and sale;
    If the waiting time for obtaining building permits and the start of construction is too large.

General layout of city development determines the level and requirements for a location nearby buildings, schools, government offices, highways, parks, etc. In most cases, if the apartment is bought in the new districts of Israel, contractors show potential buyers the building, which is surrounded by a green park, etc., but often the "green" dream can become a "black nightmare." Some contractors do not attach much importance the importance of surrounding areas of residential building and did not specify the buyer the future state of the neighborhood. It turns out that instead of a green park built parking or set huge antenna. In order to prevent any failure that is associated with the adjacent territory, to the local authorities to find out the presence of the future construction plan, and get a copy of the contractor's master plan for the city.

Remodeling and other changes to the apartment in Israel

Young couples, in most cases, buying an apartment in Israel, secure in the knowledge that they can move into it in the shortest possible time. But the construction of a home can go on for years, and during that time, the number of family members increases or decreases, so there is a need of redevelopment apartment in compliance with the new requirements even during the construction of the building.

Having children who leave home, children, divorce - just a few of the reasons that affect the redevelopment apartment during construction. It is therefore essential to meet contract clause which referred to the redevelopment of the apartment, such as changing the tiling, adding outlets, change the kitchen t. Etc.

These changes make the contractor and the prices of many of the possible changes are specified in a special supplement to the agreement of sale.

No less important aspect - the size of the apartment. Some contractors when specifying the area of ​​the apartment include a small part of it, and common areas. For example, a staircase, a garden, a lobby, while a similar area to the living space does not have any relation. It should be noted that the size of the apartment, which is specified in the contract, is the footage of "net".

Share in construction (hereinafter - "kvutsot rehisha)

The main idea of ​​the construction of the apartment purchasers group (equity shareholders) is the savings amount of VAT, which is payable at the time of purchase. In addition, this type of construction is that the initiator of the group and the contractor solve all arising from the construction of the question for customers. It should be noted that "kvutsot rehisha" warranty provided by law for the sale of the apartment (deposit guarantee purchasers of apartments), the right not to have.

Equity members make all the decisions, from choosing tile and ending search contractor who will carry out the construction. Reform carried out recently in the tax administration, has made it clear that "kvutsot rehisha" created mainly to wealthy citizens, who build and buy apartments for investment of the capital, at the same time that ordinary consumers in this situation are at risk of losing their money. Therefore, the IRS has been set for VAT transactions that committed "kvutsot rehisha." As a result, today the "kvutsot rehisha" your advantage and lost profitability.

Contractor guarantees

Recent changes to the law "On sale (deposit guarantee buyers apartment)", states that the contractor will not be entitled to receive in respect of the amount of property purchase, which is 7% higher than the total cost of the apartment, except for those cases where the contractor unable to provide specific guarantees to the buyer (mortgage, insurance, bank guarantees, which are the most common type of security that is provided by bank lenders).

Guarantees would be strictly parallel to each payment the buyer in favor of the contractor, which are held in a special account of the project with the help of bank receipts bank.

Guarantees can be returned after the official registration of the title deed to the buyer. In the event that the purchaser was physically flat owner, along with the fact that the total registration of the apartment in his name has not been carried out, the contractor is obliged to transfer the apartment your attorney lawyer. Should pay attention to these guarantees: the total amount of guarantees, the calculation of the price index numbers and passport details of buyers, information about the property, etc. In most cases, the transfer to the contractor guarantees back to the registration of the rights to the apartment is not recommended.

Compensation under the agreement of purchase and sale in Israel

Most purchase contracts have a discriminatory clause, which establishes a one-way-agreed pay compensation buyer contractor. Recommended claim and challenge the amendment to the agreement, and the point becomes two-way. It should be noted that the amount of the compensation shall not exceed one tenth of the total amount of the transaction.

Pick up the keys to a new apartment in Israel

According to the rules, two-month delay in the transfer of ownership of a violation of the agreement by the contractor is not represented. But if the delay was more than 2 months, this results in substantial harm to the buyer flat.

Therefore it is recommended to clearly define in the agreement form and the manner of payments of rent to the specific date of transfer to the contractor keys. Furthermore, it should insist on including in the contract clause on termination of the agreement and the return of funds in the event that the delay exceeds a certain period, which is set by this contract clause.

It should be noted that if there is a delay in the timing of the contractor refers to force majeure. This guarantees them the right to say that the delay is due to force majeure (ie independent contractors). Therefore it is necessary to clearly establish the agreement term "force majeure" and give a clear explanation, in which situations the contractor may refer to such circumstances.

Register apartment in Tabo. Division of land into separate parts ("partselyatsiya")

As it was mentioned above, the construction of the house of two or more units entails the right to register Thabo for each individual apartment. This long-term process is conducted by counsel, which is the contractor. To provide fast and accurate registration of rights, it is recommended to divide the salary attorney for several consecutive payments, corresponding to the stages of registration.

The last and most important to make the payment at the time of "Thabo neseh" (extract from Thabo), in which buyers are registered as the owners of the apartment, designated as "tat Helka" on the land on which the building was erected. We also need to pay attention to how the situation with the common areas. It is likely that any day of the contractor decide to dispose of the various areas of commercial organizations, which in the future could significantly affect the quality of life in the house.

Extremely important point regarding the existing and future rights that are associated with the construction of the roof or any other areas of construction is that often the contractor has the right to development or construction in the future. Sometimes it happens that when taking the initiative on the part of residents of the building in relation to the expansion of the roof or to use it for other purposes, the contractor is asserting itself on the roof or on the right to engage in any construction work on the roof. Such moments also be negotiated in advance in the contract.