Hebrew registration of buyers’ names
- Buying an apartment in Israel
- Contract Structure
The names of the buyers should be registered in a Hebrew name, even if their official certificates are in a foreign language.
Of course, it is customary to add the names in parentheses as they appear on the foreign certificate. I mention this point because I have come across cases where the parties have translated the names of the signatories from English to Hebrew instead of making a literal frontal translation of the name so that the name Rose will be translated into Hebrew as ‘רוז’ and not Shoshana.
Definition of the Parties ‘Together and Separately and in Mutual Guarantee’
It is customary to indicate next to the names of the parties to the contract that they are obligated by the contract ‘together and separately’ and sometimes also add the caption ‘and in mutual guarantee’.
It is commonly thought that there are common interests for all individual sellers and common interests for all individual buyers.
But life is dynamic and this is not always the case. I went through all kinds of tragedies that can happen during the transaction life: a couple who divorced after signing a contract to sell the apartment, a couple who divorced after signing a contract to buy the apartment, a party who died during the transactions, a party who went bankrupt or disappeared and more.
The practical meaning of the phrase ‘together and separately and in mutual guarantee’ is to prevent claims if disagreements arise between the partners who sell or buy an apartment. Therefore, if a married couple sells an apartment and the wife hands over the keys to the apartment to the buyer, then it will be considered as if the husband also handed over the keys.
If the husband receives a check for the full amount of the apartment, it will be considered as if the wife also received the payment.
And if the husband violates the contract, then the wife will also be considered a violator, etc. Another practical importance is to avoid situations that each action of all parties of the same party will have to perform together.