- Buying an apartment in Israel
- Contract Structure
The seller’s statements in the sales contract are more important than the buyer’s statements.
This, even if he checks the appropriate agencies, he will not be able to obtain sufficiently comprehensive information, and therefore will have to complete the picture by relying on the declarations of the seller in the contract.
The buyer stands on unstable ground, there is a fear of bad and unexpected surprises that can sabotage the return he will receive for his money.
It can be stated in a positive or negative way.
Positive statements are simpler and more accurate, but their disadvantage is that they are more legally binding.
This is not the case with negative statements.
It is advisable to examine each statement to determine whether it is correct to make a statement in a positive or negative manner.
The seller can declare regarding the physical condition of the apartment, the planning and legal aspects of the apartment, the scope of his rights in the apartment, and the quality of the use of the apartment. Regarding the physical condition of the apartment, the seller can list problems and defects, such as moisture, leaks, noise, odor, and nuisances, and can list the systems it has, such as electricity, water, plumbing, sewer, gas, air conditioning, and heating.
Regarding the planning aspects of the apartment, he can specify construction he carried out in the apartment, building permits related to it, building additions made by the seller’s neighbors, existing city building plans or those in procedures that affect the apartment, known construction anomalies, the authorities’ intention to impose various levies, such as sewer levies, roads, sidewalks, and improvements, on decisions of the common house committee related to a significant financial expenditure that has been decided upon, or that has not yet been decided.
Regarding legal aspects of the apartment, he will declare the type of right in connection with the apartment (ownership, lease, sublease, capitalized lease, etc.), liens, such as a mortgage, rights of various parties in the apartment, neighbor disputes, judgments, lawsuits in court, indictments ( Suppose for construction irregularities), impediments to entering into a contract for the sale of an apartment (such as signing an agreement that was canceled but received approval for cancellation from the tax authorities).
Regarding the scope of his rights in the apartment, he can declare the date and manner in which he received these rights, whether he purchased the apartment in the usual way or through inheritance, purchase from receivers, etc.
Are there tenants in the apartment, do the tenants violate the rental agreement, does he know of a fear that the tenants will not vacate the apartment on time.
Additional and varied issues can be stated; about debts that the seller has regarding the apartment, about funds he is supposed to receive from various parties regarding it, about significant events (e.g., a lively market that takes place under the house window), unusual neighbors’ animals, particularly shaky neighborly relations.