Written document requirement
- Buying an apartment in Israel
- The real estate broker
Before the enactment of the Agent Law, a contract between an agent and a client could have been determined orally or even derived from rule A from the behavior of the parties This is following Section 6 of the Contracts Law.
A property agent would not be entitled to a brokerage fee unless the client signed a written order to carry out a property brokerage operation.
All the details determined by the minister were included in the approval of the Economics Committee.
There are other laws in which there is the requirement of writing, such as informed consent before medical treatment, receiving a non-bank loan, a commitment to give a gift, a prenuptial agreement, copyright, representation of two parties by a joint lawyer, and even the transfer of registration of vessels and more.
Section 8 of the Land Law also raises a requirement to make statements in writing.
Is the absence of the identification numbers of the realtor and the client in the document they signed a violation of Section 9 (A) of the Realtors Law, and therefore the agent will not be entitled to receive brokerage fees?
The ruling states that when there is no doubt about the identity of the agent and the client, the technical disadvantage of not listing the identification numbers does not threaten the brokerage agreement.
In the absence of a written document, the court will be able to reject the agent’s claim for brokerage fees for a transaction made.
However, it also depends on the behavior of the client.