Legal consultation for land transactions in Israel
The firm counsels the client in all stages of the land transaction, starting from the first negotiation stages until the closing of the transaction, and provides legal services, among other things, in the following areas:
- Legal consultation in negotiations while emphasizing the legal and taxation aspects prior to the agreement.
- Creating agreements and tailoring them to the relevant type of land transaction, while using the firm’s great experience with the various types of transactions.
- Registering the land transactions with the Israel Land Administration and the Land Registration.
- Conducting private tenders.
- Handling of matters related to the planning authorities.
- Handling of matters related to the tax authorities.
- Contracting with financial entities, banks, insurance companies.
- Contracting with consultants and service providers, architects, appraisers, engineers, etc.
- Founding companies and/or partnerships for the performance of transactions.
- Providing legal services according to need, in accordance with the type and form of the transaction.
Types of land transactions handled by the firm:
In all types of land transactions handled by the firm, our lawyers make use of their great experience and plan the transactions together with the clients from the very outset in a way that maximizes its chances of success and realization.
One of the most influential aspects of to any land transaction’s chances of financial success is transaction taxation. Seeing as such, from the very outset of the transaction, the issue of “transaction taxation” will be examined by the firm, and according to need, a “taxation track” will be chosen for the transaction, which would be tailored for its needs while emphasizing saving of tax payments for the client.
Among the various types of land transactions handled by the firm, the following can be listed:
Our firm provides consultation services for private and business buyers and sellers for the purchase and sale of land of any type, including among other things the purchase and sale of apartments, buildings, farm lands and large land areas intended for repurposing for residence or other purposes such as trade and employment.
Combination transactions and transaction by consideration
Our firm provides legal services at the highest level with regards to consultation for these complex transactions. These transactions require special attention, starting from the stage of legal forms, which have extensive implications in the field of land taxation, and ending with the commercial principles between the parties.
In order to allow the exercising of combination transactions and transactions by consideration, our firm makes use of its great experience and takes care to build and plan out the transaction in a way which would allow, on the one hand, the furthering of fast planning and building procedures for the entrepreneur and the entire project, and on the other hand guarantees the rights of the land owners, among other things by way of receiving appropriate securities.
Constructions services transactions:
Our firm counsels both entrepreneurs and land owners who chose to enter into a construction services contract.
These transactions are characterized by the legal necessity to provide cover and defense both for the entrepreneur and the land owners. In this case there is no sale transaction, however here too the payment of tax, VAT for the construction services is required and while creating the legal agreement, taxation and the entrepreneurial profit component of the contractor for the planning and construction costs, should be taken into account.
In cases of transactions with multiple owners, when each owner prefers a different form of contract with the entrepreneur, then combined transactions must be created.
Our firm specializes in legal consultation for transactions combining a sale transaction with a combination, for example, or combination with construction services transactions.
Urban renewal transactions TMA 38 and evacuation-building ("Pinuy Binuy"):
Starting 2006, in light of special legislation, we have been witnessing an increase in TMA 38 and evacuation-building transactions, the execution of which is encouraged by the State, both for reasons of protecting the resident populations of dilapidated buildings and by force of the paucity of lands available for construction. These transactions are some of the most complex land transactions in the market.
TMA 38 transactions and evacuation-building transactions are very complex as sale transactions, requiring knowledge, professionality and great experience for their realization and success, and necessitate great care in their creation, especially with regards to the various taxation aspects of TMA and evacuation-building transactions.
Our firm has proven experience of many years, gathered from many such transactions in the field of urban renewal, and among our clients are residents of large evacuation-building and TMA 38 projects, as well as some of the largest and most well-known entrepreneurial companies in the market.