Legal Updates

Purchase of real estate requires a written agreement but if lost one can bring proof that it existed

July 2, 2019

Two brothers purchased a storage in a commercial center 40 years ago but never recorded the ownership transfer and when they asked to record the property on their name instead of the contractor they discovered that there is no copy of the sale agreement or proof that they paid the full consideration.
The Court accepted the claim and ordered the property to be registered on the name of the purchasers. Israeli law requires a written document for a real estate transaction. However, in certain cases it may be shown that a written document has been lost and that its content has been proven. Here there are several documents showing that the property was purchased and one of them is the signature of the seller on a consent to a building permit for the purchaser. From this it can be seen that there was a written agreement at the relevant time and it was lost and therefore the property is to be registered in the name of the purchasers.