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Latest Updates / Real Estate
March 6, 2016
Compensations for late delivery of new apartments
Developers can no longer rely on changes to an apartment, requested by the purchaser, as reason to avoid payment of compensation for late delivery. This was ruled recently by the Supreme Court in a case involving a dispute between purchasers of an apartment and a contracting company.
The Sale (Apartments) Law states that a delay of over 60 days from the date specified in the sale contract for the delivery of the apartment to the purchaser, means that the purchaser will be entitled to compensation without proof of damage, and this from the first day of delay.
In the abovementioned case, the sale contract which was signed by the purchasers and the contracting company stated that any request to change or supplement the apartment will postpone the delivery date of the apartment for at least 60 days.
It should be noted that clauses of this nature are common and appear in almost every sale contract from a contractor.
The Supreme Court ruled that the wording of the relevant clause is broad and vague, and gives the contractor unlimited options to determine the date of delivery, which creates uncertainty among the purchasers. Thus, the contractor prevents the purchasers from preparing themselves for a new and clear date on which the apartment will be delivered to them, and to plan their moves accordingly.
The Court further ruled that from now on, the contractor cannot rely on sweeping clauses in apartment sale contracts, which include provisions exempting him from paying compensation for delays in delivery of apartments, in any case where changes to the apartment were ordered by the purchasers.
However, the Court held that the parties can agree, for example, on a new and concrete postponed delivery date, in the case of making changes in the apartment at the request of the purchaser, in a later agreement signed by the parties.
The Court also noted that a new and postponed delivery date that will be determined by agreement, as mentioned, may be examined by the Court, in terms of its reasonableness in relation to the scope of changes made to the apartment and their nature.
February 28, 2016
Bizportal magazine interviewed Ariel Nadler for his comments on the change in the Sale Law
As an expert in Real Estate, Adv. Ariel Nadler was interviewed by Bizportal magazine regarding the change in the Sale Law, approved this morning by the Israeli Government. Ariel commented- "the only thing that can hurt homebuyers is the reduction of the Sale Law guarantees given to buyers of apartments, by the amount of the VAT element. This means that in the event of the realization of the guarantee, where the purchaser has paid VAT funds, the return thereof to the buyer will not be guaranteed.’’
February 23, 2016
What you need to know about buying your first home
Buying an apartment is usually the biggest purchase of one’s life, and for most of us it represents a significant financial outlay. Therefore, once we’ve found an apartment we like but before we’ve signed a contract, it’s very important to check out several angles.
February 21, 2016
The Guide to the Newbie Tenant
So you posted on Facebook that you’re looking for a place to live. You read the fine print of every ad on yad2.co.il. You asked everyone – from your grandmother to your elementary school bestie – for help, and you were probably one of 50 people who showed up to see the place. And now the place is yours for the asking! But before you commit, make sure to check these tips so that in the future you don’t regret signing the lease
December 22, 2015
Hungary- the standard VAT rate of 27% will be reduced in 2016 to 5% for the sale of newly constructed residences
Since the number of newly constructed apartments and houses dropped drastically in Hungary in recent years, the aim of the VAT amendment is to increase the number of residential properties available on the Hungarian market. Adv. Gal Oren, who has extensive experience in the Hungarian market, was interviewed by Calcalist.
November 22, 2015
Israeli home prices rose in Q3
Israel's Government Assessor published today the fact that home prices rose 1.4% in the third quarter of 2015.
Adv Ariel Nadler, head of our Real Estate Department, was interviewed by Bizportal, saying that he believes that only an all encompassing solution to the problem of high property prices in Israel can stop this upward trend.
November 22, 2015
The average price of a home continued to rise in the third quarter
Ariel Nadler was interviewed by Globes regarding the Government Assessors Office report of a 1% rise in home prices in Israel's 16 largest cities from the second quarter and a 3% rise from a year ago.
October 12, 2015
Barnea & Co. represents AFI group
We represent the AFI group in a transaction for the construction two office buildings in Romania. The matter value is 50 Million Euro
August 18, 2015
Updates about legislative amendments relating to construction licenses and permits
Amendment 101 to the Building and Planning Law was promulgated in April 2015. The amendment concerns a transfer and expansion of authorities to the local committees and sweeping amendments designed to shorten, streamline and simplify construction licensing.
August 11, 2015
Israel home sales reach all-time monthly record
The Ministry of Finance has published data showing a 42% surge in apartment purchases to a record 16,100 apartments in June. This " wave of sales" is a result of investors trying to buy before implementation of the new purchase tax. Maya Zisser Ben Tal, partner in the real estate department, was interviewed by some leading newspapers and websites – Globes, Calcalist, Ynet and Bizportal, saying that she doubts if the new purchase tax will eventually reduce high prices in the housing market.
July 14, 2015
Housing cabinet approves subsidized housing program
The housing cabinet, headed by Finance Minister Moshe Kahlon, confirmed yesterday a long series of decisions made by the cabinet, relating primarily to relief on property prices. The Financial magazine, Globes, published comments by certain real estate experts regarding these measures. One of the experts, Maya Zisser, a partner in the real estate department of our firm commented that she doubted whether the promises made will be fulfilled.
March 25, 2015
How the new government will cope with failures in the real estate market?
Following last week's elections, "Eched Ha'am" Magazine organized a real estate experts round table in order to discuss the current real estate crisis, possible solutions and provide a forecast for the future. Ariel Nadler, partner and head of the Real Estate department at Barnea, spoke about market failures, the challenges and weaknesses in the existing solutions.
December 11, 2014
Barnea & Co. represented Israel Natural Gas Lines
The Real Estate department, headed by Ariel Nadler, represented Israel Natural Gas Lines in the petition filed against it by Kibbutz Regavim. The judge rejected the petition stating that she did not see a reason to interfere in the government’s decision. In her view, once the safety concerns had been cleared, the kibbutz should have withdrawn the petition, which it did not do, The kibbutz will have to bear petition costs of NIS 4,000,000.
October 7, 2014
Zero VAT on first home will be for seven years only
The initiative to apply 0% VAT for first-time homebuyers will be a temporary ordinance for seven years. The leading newspaper Globes described the legal effects of this and interviewed senior lawyer, Liat Keisary Yahalomi.
March 25, 2014
Zero VAT plan for new homebuyers
The Israeli Minister of Finance, Mr. Yair Lapid recently proposed that a couple with at least one child intending to buy their first apartment from a contractor will not be obliged to pay VAT. The head of real estate department at Barnea, Ariel Nadler, agrees that this proposal will allow young couples to buy an apartment, however, this step is not enough in order to change the current real estate situation in Israel. Calcalist, 19.3.14.
June 28, 2013
Sea view real estate
Before buying real estate close to the sea, Adv. Nadler advises that a buyer must bear in mind that the corrosion to buildings that are located near to the edge of the sea is substantial. "Maintenance issues are important factors to consider because of the dust and sea spray. You should also be aware that there are higher maintenance costs involved in owning an apartment near the sea arising from dust, dirt, corrosion and external maintenance to the property. It's also very important to have proper and ongoing maintenance to the property and this incurs a substantial cost. So if you calculate the apartment price whilst factoring in the higher maintenance costs the fee per square meter of the property would be a higher fee per square meter calculated in the purchase price and may be a lot greater than may be anticipated.
May 16, 2013
A residential plot in Herzliya was sold for NIS 32 million
The plot, that can accommodate 43 units, was put out to tender after there was a dissolution of ownership in the plot between the owners. This emanated from the owners failing to reach the agreement between themselves as to whether to proceed with either developing the plot or selling it.
The tender and sale process was managed by Attorney Ariel Nadler, head of the real estate law department at Barnea To read more, please click here
December 31, 2012
"Lev Talpiot" shopping center - Barnea & Co. represented Pini Serfaty
Barnea Co's was involved in the purchase of the "Lev Talpiot" shopping center in Jerusalem, which was completed on the 31.1.12 . The shopping center was purchased by RIT1 Investment Fund. Barnea represented Pini Serfaty, one of the shareholders of Lev Talpiot.