Yariv Gutman Law Firms

A member of the Israel Bar Association since 1998
Vice chairperson of the Property and Landed Property Forum in the Israel Bar Association

A member of the Israel Bar Association since 1998
Vice chairperson of the Property and Landed Property Forum in the Israel Bar Association

specialization

The firm's areas of expertise

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Landed property litigation

A landed property litigating attorney represents clients in court in a variety of civil, criminal and commercial procedures.  Litigation is practiced is a variety of legal areas including in criminal law and in family matters courts.  A landed property litigator specializes in representation pertaining to landed property laws.

In order to deal well with the various instances, with the interpretations of the different laws, such an attorney should be an expert of contractual laws and be experienced in drawing real estate contracts.

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Representation in sale agreements

Purchasing a landed property asset is not a trivial thing.  The amounts involved are high for any person, therefore, erroneous execution of any of the stages of the transaction may inflict irreparable damage to the buyer.  A sale agreement must be drawn by the attorney representing the seller and for that a real estate lawyer should be employed, knowledgeable in everything pertaining to landed property sale agreements.

More than once, there were cases in which the buyer failed to uphold its obligations due to economic reasons, preventing it from paying the consideration for the asset.  Another common phenomenon is when a buyer withdraws from the sale agreement for instance, upon discovery that the asset has different attributes that was perceived at first or following misleading on behalf of the seller.

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Foreign residents and Israelis overseas

The Yariv Gutman Law Firm has over 20 years of experience in representing buyers and sellers that are real estate “Foreign  residents and Israelis overseas.”

Representing the client without his presence at all stages.

A transaction that is carried out by a foreign resident, either on the selling, or buying side, is different from one made by an Israeli resident, since the buyers or sellers are not present physically within the country, thus making the responsibility of an attorney in the transaction much bigger, since the attorney becomes the eyes and ears of the buyer or seller.

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Tenant Protection Law

The Tenant Protection Law of 1972 is a collection of regulations intended to regulate the relations between landlords and the tenants residing in their assets.  These regulations have immense importance since they establish in the form of legislation lessors’ duties and tenant’s rights within real estate transactions, which as considered the most complex and important transactions a person would conduct in his or her lifetime.

It is important to remember that in many cases the lessors and tenants don’t even know one another, so it is hardly reasonable to assume that inter-personal relations between them will guide their conduct, hence clear and lucid laws are required.  When are these regulations needed more than ever and how do I step into the picture?

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FAQ

Q&A

What is a memorandum that precedes signing a contract and why is it important?

Following legislation and court rulings, a memorandum is defined as a binding legal instrument (in total contradiction to the popular assertion that this is a negligible document with a sole purpose of securing the agreement for carrying out the transaction between the parties.)  Such a document, in which indicates "definitiveness and conclusiveness" (namely bearing details of the parties, details and price of the asset and signatures of the parties) is equivalent to a contract for selling or purchasing an asset with all its implications. 

Since in most cases, this document is drawn before any party has approached an attorney for representation in the landed property transaction and usually, those interested in buying an asset do not know its real state, the state of its registration or its ownership status, it is recommended to avoid drawing a memorandum. 

Often, when buying a new apartment from a contractor, the contractor will offer the buyers of the apartments the services of a lawyer and in many cases, the buyers will even pay the contractor for this.  However, when looking deeper into this, a review of the many items of the agreement will usually reveal (in fine print) a clause that explicitly and unequivocally notes that this lawyer represents the contractor and no one else.  This matter is not very clear to many buyers who are actually left without proper professional consultancy or representation when dealing with the far more experienced contractor.  Under these circumstances, the contractor will try to place these costs at your doorstep, while following the word of the law, it is the contractor who should bear them.

Liquidation of partnership in a landed property is a procedure that either of the partners in an asset can commence (even if this party has just one percent of the entire partnership in the asset.)  This relies on the moral concept that asserts that a person cannot be forced to stay in partnership with others against his or her will.  Under such circumstances, the landed property partnership liquidation procedure is not conditioned by the will of the other partners and moreover, they also may not exert any kind of pressure on the partner demanding such liquidation and as said above, regardless to the size of this partner's share.  The partner who is interested in liquidation, even without obtaining the consent of the other partners is invited to contact us to file an application for liquidation of the landed property partnership.

Until not so long ago, evicting a landed property asset of tenants that ceased to pay the rent was a complex, long and complicated affair.  In cases where tenants failed to vacate the leased, ceased paying rent or, alternately, breached the signed lease agreement, such a procedure would take up to several years when during this entire time, the low violating tenants had possession of the asset and did with it as their own.  Nowadays, after the amendment to the law entered effect, the process became somewhat faster and simpler than in the past.  In these cases, an action for dispossession can be filed and such a lawsuit is scheduled to be deliberated over within no more than 90 days.

Despite the amendment and the quicker process, it is highly recommended to take action as soon as the tenants begin to show problematic signs, before damages build up and debts for the leased pile up.

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