Purchase Agreements - Buyer/Seller
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The following information in the document is geared to those who are purchasing or selling - renting or leasing existing structures. When it comes to purchasing or selling land, buildings etc. which can be built upon or added to, obviously there is a great deal more information which is required.
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The "all-important" budget
I honestly wish I had a dollar for every time I had to go over this with a client. It often amazes me just how little we do not take into account.
So you are getting married and your parents and future in-law's decide to get together and purchase an apartment for you and your spouse. Great! Congratulations! Mazal Tov! They tell you your budget is 0,000 - and not one penny more. And even that is pushing the limit.
So with a big smile and a heavy pocket you call an agent and tell them your budget is 0,000. Guess what? That is NOT your budget. That is how much money you have to spend on the purchase of an apartment. That is NOT how much you can buy the property for. Why? Because you conveniently left out,
lawyer fees, agent fees, and any other miscellaneous fees that you have not taken into account. That is assuming that for 0,000 you will find the exact apartment you want in the neighborhood you want all painted and ready for you to move into it! What about changes or improvements? And if you are buying on paper what of escalating and hidden costs? What happens if it is not ready on time?
Each case is different. When you are asked what your budget is,
you MUST become aware of the other "incidentals". If the 0K is all you have, then your budget should be realistically below that amount depending on the property you wish to purchase.
Rule of thumb: If you think that the "incidentals" will cost ,000 make that amount ,000. Always round UP, never down. If you follow that simple rule you will at worst never be sent into a tizzy by some cost not figured in and at best find yourself with some extra cash in your bank account to do some desired change to a bedroom or buy some new furniture.
Tabu & Arnona
The Israel Land Registry registers all land and property in the name of the owner. This is something that the lawyer takes care of and is an integral and critical part of the process of owning a property. When you purchase a property the final step is usually registering that property in your name. Without such registration, legally, the property does not belong to you. (Tabu is a term and institution which was first imposed during the 19th Century by the Ottoman empire which ruled Israel at the time. It was the first attempt in modern times to register all land owners in Israel. This system still exists today. Simply put, Tabu grants the individual the right to own land (including apartments.)
However, there are cases that the Tabu is impossible. Certain properties in Jerusalem are owned by the Church, and leased to the government for ninety-nine years. Thus, Tabu is often impossible in these properties and there is a legal mechanism that protects you as the owner. However, you should be aware if the property you wish to purchase is one that is "church-owned and then leased land".
There are other instances, each specialized, where registration in Tabu may be delayed for months. These are things which must be discussed with your lawyer and only your lawyer can offer you proper advice in this matter.
The one important thing of the Tabu, is that it lists the size of the property. This is crucial! The amount of meters listed in the Tabu is the legal size of the property you are purchasing or selling. (Below you will learn just how important this is.)
Arnona is the "city tax". The important thing again about this document is that it too lists the exact meters of the property with some caveats. It does not include any open areas, such as porches and gardens. In Israel, we pay city tax, or the Arnona, only on an enclosed area. (There are other computations made in regard to storage rooms etc.) This is for the agent to show and explain to you depending upon the property.
Many people walk into view an apartment and ask the owner how big it is. The owner says 110 meters. But in Tabu or Arnona (see below) the apartment is listed as 86 meters. Okay, perhaps the missing meters can be found on open porches or in the garden. And perhaps, just perhaps, the owner has exaggerated or never really knew just how big the property was.
It should be noted that there is usually a discrepancy of a few meters between Tabu and Arnona. This is to be expected. However anything over ten meters should require an explanation that makes sense. Again this is also up to the lawyer to make sure that what you are purchasing is what you have seen.
Be careful. Be prepared. Be informed.
Purchasing Real Estate In Israel - Budget, Tabu & City Taxes (Part One)
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