Description of the apartment
- Buying an apartment in Israel
- Contract Structure
When defining the apartment in the contract, we mean the physical description of the apartment as well as the scope and type of rights of the seller and the manner of registration.
These descriptions together create the essence that the seller sells to the buyer.
Physically the apartment can be described in terms of apartment size, floor it is on, facing south, number of rooms, bathroom.
You can also attach a plan of the apartment, the address of the apartment as it appears in the municipality, Street Name and Number of house and apartment number, etc.
Of course, this description will include the description of the apartment as it appears in the ‘Tabu’: Gush, plot and sub-plot.
Whether the apartment is intended as a sale, as a ‘property’, as an ‘apartment’, as a ‘house’, as the ‘above-mentioned property’, as ‘real estate or in any other description, this matter is not a matter of principle as long as the description used is consistent throughout the contract.
As long as the parties have not stated otherwise and have not specified the description of the sale, the court may determine that the sale includes only what is attached to the apartment, a permanent connection and all other items will be considered movable and will not be included as part of the sale.
Section 55 of the Real Estate Law states: “A transaction in an apartment will also apply to the part of the common property adjacent to it, and the transaction in the common property separate from the apartment is not valid …”