In an Israeli real estate deal, there is one person, and one person only, whose job is to protect you: your lawyer. This isn’t like some countries where a single agent or title company handles everything. Here, the system is adversarial by design, meaning both the buyer and the seller must have their own separate legal representation.
Your lawyer is solely responsible for performing legal due diligence. This isn’t just a suggestion; it’s the absolute core of a safe transaction. Think of your lawyer as a detective hired to uncover every secret about the property before you sign a binding contract. Their investigation is what stands between you and a potential financial disaster.
So, what are they actually looking for? First, they pull the property’s file from the Tabu, Israel’s Land Registry Office. They verify the seller is the true legal owner and that the property details (size, address) match what you were told.
Next, they search for any red flags. Are there any liens, debts, or mortgages registered against the property that need to be cleared before the sale? Are there any open construction permits or illegal additions that could cause you problems later? Has a third party placed a “cautionary note” (he’at azhara) on the property, indicating someone else has a claim to it?
They also check with the municipal authorities for any unpaid property taxes (Arnona) or zoning issues that could prevent you from using the property as intended. In essence, your lawyer’s job is to ensure you receive a “clean” title, free and clear of any past problems. The seller’s lawyer is doing their own work to protect the seller, which is why you can never rely on them for anything. Your lawyer works for you and only you.
Too Long; Didn’t Read
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Your own, independent lawyer is 100% responsible for all legal due diligence in the transaction.
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Due diligence is the critical process of investigating the property’s legal status before you sign a contract.
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This includes checking the official Land Registry (“Tabu”), searching for debts or liens, and verifying planning and zoning permissions.
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You must never rely on the seller’s lawyer; the system requires each side to have their own dedicated legal expert.
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