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September 22, 2021
On the Four Species and good faith during negotiations
Commercial, Banking and Financial
An article in the spirit of the Sukkot Jewish holiday on the subject of good faith in negotiations and the different types of businessmen negotiating transactions. The article was written by Yair Alon, Adv. of Afik & Co.
July 8, 2021
A Best Effort Obligation – The Gap between the Reality and the Desired
Commercial, Banking and Financial
A landlord undertook to assist the tenant in obtaining a business license but later it became clear that zoning restrictions prevented the receipt of the business license and the tenant sought to be released from the contract. When does a commitment to assist become a commitment to achieve a result and when will liability attach […]
December 13, 2020
On insanity and purchasing an apartment …
Real Estate
An article on the need to purchase an apartment or sell it, accompanied by an experienced lawyer, from a reputable firm and with satisfactory professional insurance coverage,
July 25, 2020
Lien on me…
Commercial, Banking and Financial
“Possession in nine tenth of the law”, but what happens when possession is given to a contractor performing a job for the owners of the property but later refuses to return it? Imagine a scenario where owners of apartments in an apartment building enter an agreement with a contractor for the purpose of doing construction […]
June 29, 2020
Need a lessor fix a leak in the neighbor’s apartment?
Real Estate
Lessees wished to rent an apartment in a condominium downtown but shortly after entering the apartment they started to notice severe moisture damage to the apartment’s ceiling. It turned out that the source of the moisture is a leak in the neighbor’s apartment. Can the tenants demand that the lessor fix the leak or demand […]
April 18, 2020
The Covid19 crisis prevented use of the leased asset – am I exempt from rent?
Real Estate
In the crazy days of Spring 2020, when it seems like the world is in the midst of a third world war where all nations are under the Corona virus attack, many business owners, especially those who operated in the dining and entertainment sectors, found themselves at the battlefront. Thus, while a Parisian café and […]
March 3, 2020
Of Agreements, Marriage and Common-Law Marriages
Domestic Relations
The main way of preventing financial disputes in spousal relationships, whether during the relationship or upon its termination, is by a prenuptial agreement. With a married couple Israeli law defines how such prenup may be created, but a question arises when a couple shares a household with no intention of getting married but it is […]
October 7, 2019
Lasting Power of Attorney – Payments from the Hereafter or from this World
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Although inheritance may sometimes be some economic consolation, which is of course minimize compared to the huge personal pain, the heirs are often forced to deal with a cold reality in the most painful era, dealing with the deceased creditors or liabilities, neglection of which may result in debt collection, foreclosure, fines, interest and so […]
February 18, 2019
Had it not had three sides it wouldn’t have been my duck!
Commercial, Banking and Financial
It is said that every story has three sides: your side, my side, and the truth. Sometimes transactions also have three different sides/stories: the story written in the agreement, the story the parties actually intended to write, and the story that the Court later decides to be the real story. Like any good novel (especially […]
January 14, 2019
The Risk of Disqualification of a Tender Win Due to Failure to Meet Time Restrictions Following the Win
Public Law, Environment and Tenders
A winner of a tender was late by four days in one of the payments required to be made in order to consummate the win – is this a technical glitch or a material defect that may result in the cancellation of the winning in the tender? A decision given by the Israeli Supreme Court […]
November 5, 2018
With proper planning and a stroke of luck you may avoid betterment tax
Real Estate
Israeli Zoning Law provides a window of opportunity in the interim period between the date of publication of the bettering plan and the date of its entry into effect, 15 days after publication. With proper planning and a stroke of luck, one may sometimes be able to be spared from paying a betterment tax. The […]
August 29, 2017
Lawyer’s Role in Real Estate Transactions in Israel compared to France
Real Estate
In France, calling upon a notary is essential in a Real estate transaction. His role is to advise the parties to the transaction, draft the appropriate documentation and effect the transaction.  In Israel, the profession of notary as it is known in Europe does not exist (the role of the notary is limited to authentication […]
August 2, 2017
Bat-Yam – The City’s Potential in the Real Estate Aspect
Real Estate
Alongside Bat Yam’s impressive opening scores, which include an attractive location, future union with the Tel Aviv municipality and sane prices, the city also shows signs of growth and renewal, which are reflected in an accelerated development of infrastructures, upgrading of the education system and flourishing of a diverse leisure culture. All these make Bat […]
July 19, 2017
Liability of purchaser of Company assets for past liabilities
International Transactions and Dispute Resolution
Many erroneously believe that it is preferable to purchase a company’s activity in a transaction for company acquisition and not the corporate vehicle itself, thereby avoiding the risk of assuming company debts.  Because of this, many believe that it is possible to avoid transaction costs by a simple acquisition agreement without need for a comprehensive […]
November 23, 2016
Pauschale (Turn Key) Agreements
Real Estate
In the relationship between a contractor and a client, both parties are undertake a series of risks as part of the engagement, but try to minimize such risks as much as possible. Generally, the client wishes to enter into a Pauschale (turn key) agreement and the contractor wishes to work on the basis of measurement. […]
May 11, 2016
Right of purchaser of a newly built apartment to compensation for belated tender of the apartment
Real Estate
The disparity of force between a contractor and a purchaser of a newly built apartment is reflected in the issue of the treatment of a delay in the tendering of the new apartment and is often strengthen because the purchases waive, for some reason, legal representation even though this is probably the largest deal the […]
November 11, 2015
Registration of a Cautionary Note
Real Estate
A real estate transaction holds many risks. While the purchaser is often required to pay considerable sums to the seller as early as the execution of the contract and purchaser is left with no real security that the transaction will complete and that the seller will not sell the property to another. Thus, one of […]
April 29, 2015
Easement in Land
Real Estate
A person bought a house to learn, a few years later, that the neighbor is in fact the owner of the land used as the driveway into the house and that the neighbor actually refuses to allow passage through the adjacent land, which renders the house parking place unusable. Can such person force the neighbor […]
March 4, 2015
Real estate Partnership and Dissolution of a Real Estate Partnership
Real Estate
Many real estate unites in Israel are jointly owned by several persons or companies. Israeli real estate legislation stipulates that when land is jointly owned, the ownership of each partner spread to every part of the land  and no co-owner has a particular part in the land parcel. This fact may be highly important when […]
December 26, 2014
Sheltered Housing – Are You Also Legally Sheltered?
Real Estate
In Israel there are many frameworks that provide housing solutions tailored to the population of senior citizens. Purchase of a unit in one such housing facility, usually called “retirement homes” or “sheltered housing” is not an ordinary commercial transaction. It includes a unique purchase of right of residency together with a ‘basket of services’ tailored […]
September 3, 2014
Conduct when an apartment has not yet been registered in the Israeli land registry as part of a condominium
Real Estate
The first step in purchasing an apartment is an examination in the Land Registry (taboo) of the status of the rights in the apartment (for example, whether a mortgage is registered or a warning note). However, many apartments in the country have not yet been registered, either because they were only recently built or because […]