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Latest Updates /  Real Estate Litigation

August 31, 2023

Who Owns the Building Rights?

An important ruling handed down by the Israeli Supreme Court clarifies how specific rights holders acquire additional or future building rights in real estate assets.

August 13, 2023

Barnea: Representing Bareket in NIS 20 Million Lawsuit

Shai Avnieli and Omer Ungar are representing Bareket in a lawsuit the construction company Longshine has filed against it. Longshine, which served as the main contractor in a project initiated by Bareket, was nine months late in delivery of the project. As a result, Bareket deducted approximately NIS 10 million from the construction account. 

July 17, 2023

Barnea: Representing 120 Apartment Owners in Pinui-Binui Project against Three Recalcitrant Owners

Lawyers from our firm’s Real Estate Department, are advising apartment owners in a residential complex designated for pinui-binui in Herzliya. They represented a group of about 120 apartment owners in court against three recalcitrant owners who are objecting to the project due to their demand for higher recompense from the contractor. The court made the extraordinary decision to order the recalcitrant owners to pay NIS 7.8 million in compensation (NIS 2.6 million apiece). In addition, each recalcitrant owner was ordered to pay NIS 20,000 for legal expenses.

June 8, 2023

Simulated Contracts and Concealed Agreements

The Israeli Supreme Court’s ruling contains strict determinations regarding simulated contracts whose sole purpose is to defraud the tax authorities and the banking system. Inter alia, the Supreme Court addressed an ongoing judicial debate about the classification of simulated contracts.

May 10, 2023

Delay in Delivery of Apartment – Waiver of Claims Clauses

To ensure the agreed arrangement is appropriate and does not include a waiver of the buyer’s cogent rights under Israeli law, several principles should be taken into account, such as if the agreement reflects a reasonable assessment of the inherent risks in the event of disputes between the parties.

February 6, 2023

Buying an Apartment “On Paper” – Caveat Emptor?

A new Supreme Court ruling reverses a district court decision, while imposing heightened liability and an enhanced duty to disclose information on “on paper” apartment sellers.