Table Of Contents
The
professional Licensed Realtor
A broker's commitment is to serve his clients in the process
of buying, selling, renting and/or managing their property.
This requires a thorough knowledge of the market, strong negotiating skills,
ability to settle last minute disagreements, promptness and reliability.
A good agent can provide to potential home purchasers accurate and fair
pricing based on current market trends.
He analyses statistics on past and current sales in order to provide a
fair estimate of the actual market value of a particular property for
sale and prepares an optimum marketing plan including best advertising
channels for the particular home in question, in addition to useful tips
on how to best display the home for sale.
He is able to provide critical information regarding neighborhood demographics
and other relevant information. This will save the buyers invaluable time,
and ensure that they don't buy in an area not suitable for them. (This
is crucial especially for Olim!)
Sometimes the "chemistry" between the parties is just simply
not there (cultural differences usually add to this )a professional broker
uses his diplomacy and tact to avoid unnecessary friction between the
parties, which in his absence could lead to one party refusing to deal
with the other, resulting in the cancellation of a deal.
A good agent will work with the lawyers on both sides so that the contract
can be signed promptly, avoiding unnecessary delays.
Finally, a professional broker will attend the contract signing just in
case there is a dispute at the last minute; and if the argument is not
of a legal nature (like closing date or payment terms, etc.) lawyers do
not like to get involved.
Closing
Costs on Purchasing
Closing costs
range between 5% and 7% of the cost of the apartment. This should not
be overlooked when applying for a loan.
Contractors Lawyer Fees
when buying
from a builder, one normally pays between 1 and 1.5% plus VAT to the contractor's
lawer. This is only in the case of first hand apartments. The lawyer not
only prepares the contract but also keeps a register of all the new owners
and then formally registers the owner in TABU (The Official Goverment
Titles Office). This transfer may take place up to 5 years from the date
of purchase.
Purchase Tax
This tax
is payable within 50 days of signing the contract. You can arrange with
the lawyer to pay it all at once or in installments.
At the signing of the contract, give the attorney a post-dated check for
50 days from the date the contract was signed. You can also pay it yourself
at the post office. ( The lawyer will provide you the relevant form).
This tax must be paid in cash or with a bank check. The amount of the
purchase tax is based on the shekel price of the property that appears
in the contract.
The rates are as follows: (Between 16/1/2008
and 15/1/2009)
| New
Inmigrants |
| |
|
Until
1,318,400NIS |
0.5% |
Above 1,318,400NIS |
5% |
|
|
Single
Residential Home |
| |
|
| Until 1,026,660NIS |
0% |
| From 1,026,660NIS Until
1,442,870NIS |
3.5% |
| For The Remainder Above
1,442,870NIS |
5% |
| |
|
Second
Residential Home |
| |
|
| Until 873,500NIS |
3.5% |
| For The Remainder Above
873,500NIS |
5% |
| |
|
| Land Plot |
5% |
| Shop |
5% |
|
|
Courtesy of
Ari Volk, Attorney at law, email: a@volk.co.il
Lawyer's Fee
Your lawyer
will ask for 0.5% - 1% plus VAT on the amount for the property to draw-up
the contract and register your home.
He/she may add other expenses if you live overseas. It is important that
the lawyer be knowledgeable about the city in which you are buying your
home (it is not recommended to use a friend or family member.) We at NADLANTOWN
can recommend a suitable English speaking lawyer who is an expert in Real
Estate Law in the area that you are buying.
Never sign a contract with a builder without your lawyer first reviewing
it. You will often be told that the contract is standard, but it is usually
completely in favor of the contractor and against your best interests.
It is not uncommon in second hand transactions for the parties to use
the same lawyer to save costs. Make sure that the lawyer is completely
unbiased toward either party.
Agent's Commision
The agent charges
2% plus VAT. This is the standard charge in Israel. A good agent will
save you more money than the commision you pay. He knows which buyer is
keen to sell and what is more suitable to your needs. Thus he /she will
save you a lot of time and energy by taking you to the right properties.
Mortgage Broker
There are many mortgage options available in the
real estate market today,for example:fixed interest loans, variable interest
plus indexation, dollar linked, etc. Clarifying and determining the best
mortgage option is not an easy task (it depends on the borrower's age
and in what currency his income is paid in,etc). A mortgage broker works
independently of the banks to determine the most suitable mortgage for
a particular client and to negotiate the most competitive rates and terms
available. A mortgage broker also helps clients build their application,
tailor made to each mortgage lender's criteria, to ensure the best chance
of approval.
The fee charged is 1% + VAT of the amount of the mortgage taken.
Engineer /
Surveyor
should you wish,
you can have the property checked by a qualified engineer or surveyor
before you sign the contract. He can provide a written or oral report.
A written report is usually made when buying in a new project (as this
report has a legal standing in court). The cost of a written report is
around US$ 500 (depending on the size of the property).
A verbal report usually costs half (US$250 - US$300). A verbal report
is usually made for pre-owned properties since "you see what you
get".
Make sure to have a licensed and reputable engineer inspect the property.
We at NadlanTown can assist you in finding a suitable qualified
engineer / surveyor.
Other Costs
Connection Of Utilities
If you are buying
from the builder, you will have to pay to connect:.
| Water |
aprox.
315 NIS |
| Gas |
aprox.
1550 NIS (bond money between 200
to 400 NIS to be teturned if gas disconnected) |
| Electricity |
free |
If you are buying from a private owner, you will
have to pay to transfer the rights of the utilities to your name.
Opening Of Mortgage File
All banks charge for the opening
of the file. We at NADLANTOWN have an arrangement with some banks that
if our clients take out a mortgage with them, there is a minimal or no
charge for opening the file.
Bank Surveyor
The bank will want the property
to be surveyed by one of it's surveyors. It will give you a list of names
from which you can choose a surveyor. The cost varies according to the
value of the property.
For a property of US$ 500,000 it can cost around US$1000 in fees.
Life And Property Insurance
You have to, by law, take out
a life insurance policy, so that the bank can be fully repaid should one
of the mortagees pass away. You also have to take out a property insurance
policy in order to receive a mortgage. The bank automatically signs you
up on these policies, and most people are unaware they have these policies.
The property insurance policy is most important, because the insurance
company pays for major repairs of the property over the lifetime of the
mortgage. It is certainly cheaper to take out such policies with a private
company rather than with the bank, unless you are over 45 years old. Taking
out a policy with a private company can save you thousands of shekels
over the course of the loan. Since you are required by law to be insured,
take out the policy with the private insurer as soon as posible and then
inform the bank that you do not want their policy. NADLANTOWN can assist
you also in this issue.
Factors
Determining Property Prices
Factors Determining Property Prices
1. LOCATION: Distance from synagogues, public transport, shopping centers,
parks, schools and kindergartens as well as industrial areas or other
sources of employment
2. SIZE OF BUILDING: The smaller the building or fewer apartments in the
building vs. a building with many residents.
3. NUMBER OF AIR DIRECTIONS: The more directions of airflow, the better.
Southwest exposure means more breezes, but is also very sunny in the afternoon,
while northern exposure is cooler (good for the Negev but not for Jerusalem)
etc.
4. PRIVATE ENTRANCE vs. ENTRY THROUGH THE LOBBY
5. EASE OR DIFFICULTY OF ACCESS to the building and to the apartment:
Steps to entrance of building vs. no steps at all.
6. TYPE OF ELEVATOR: Shabbos elevator vs. non-Shabbos elevator and elevator
between floors vs. no elevator at all
7. SIZE AND NUMBER OF BALCONIES: The larger the balcony, the more the
apartmentt is worth and the easier it is to resell. A porch coming from
a bedroom is less desirable than a porch off the living room. Another
consideration is claustrophobic vs. non-claustrophobic porch.
8. GARDEN vs NO GARDEN (and its size): Garden off the living room vs.
a garden off the bedroom.
A claustrophobic garden is worth less than a more open garden.
9. VIEWS vs. partial view vs. no view
10. STORAGE AREAS, attached to the apartment and or attached to a covered
parking lot with a window and or private entrance vs. a storage room in
the basement without a window with no private entrance vs. no storage
room at all
11. COVERED PARKING vs UNCOVERED PARKING SPACE: Possibility that covered
parking can be closed up legally as a room. If it is adjacent to the apartment,
it is even more valuable because it can be added to the apartment as a
regular room. Furthermore, if the storage room is also attached, this
is even better as the whole apartment can be further enlarged or a separate
self contained unit built.(see #10 above)
12.EXPANSION OPTIONS (and size).Attic having a high ceiling vs. low ceiling,
or dead space (challal) with an option for a window or indirect light
vs. dark space.
13. NOISE and or air pollution vs. a quite home with clean air.
14. DEAD END OR CULDESAC vs. a heavy traffic street or home near schools
and/or commercial center.
15. APARTMENT INTERIOR: rennovated vs. unimproved.
16. DUPLEX vs. SINGLE FLOOR apartment
17. METERAGE OF HOME, as well as the proportion of size of the living
room to bedrooms. Large living room vs. small living room vs. small/large
bedrooms, etc.
18. NUMBER OF ENTRANCES TO APARTMENT (and/or option to build more entrances
as in a corner apartment)
19. POSSIBILITY TO SPLIT THE APARTMENT into 2 units or more for future
rental income (this is related to #18).
20. BUILDING PROXIMITY TO OTHER BUILDINGS: building facing open areas
vs. building surrounded by other buildings with little distance between
them
21.LOBBIES: Expensive (with marble walls, plants and mirrors) vs. cheaply
built and uncared for lobbies.
Dictionary of Real Estate
Terms
Government Authorities |
Israel Land Authority |
Minhal Mikarkaei Israel |
|
Israel Land Registry |
Lishkat Rishum M’Karkaim (TABU) |
|
Register of Mortgages |
Rasham Hamashkenot |
|
Municipality |
Iriah |
Taxes |
Purchase Tax |
Mas Rechisha |
|
Capital Gain Tax |
Mas Shevach |
|
Municipal Tax |
Arnona |
|
Betterment Tax |
Hetel Hashbacha |
|
Long Term Lease |
Chachirah L’Dorot |
|
Building Maintenance Fee (paid monthly) |
Vaad Bayit |
Bank / Mortgage |
Mortgage |
Mashkantah |
|
Transfer of Mortgage |
Grirat Mashkantah |
|
Freezing of Mortgage |
Hakpa’at Hamashkantah |
|
Payment of Mortgage |
Siluk Mashkantah |
|
Property Appraiser |
Shamai |
Realtor / Broker |
Real Estate Agent |
Metavech |
|
Real Estate Agency Fees |
Dmei Tivuch |
Legal issues |
Lawyer |
Orech Din (m), Orechet Din (f) |
|
Zoning Law |
Tochnit Bniat Arim (TABA) |
|
Building Permit |
Heter Bniah |
|
Illegal Building |
Charigat Bninah |
|
Notary |
Notarion |
|
Notarization |
Ishur Notarioni |
|
Bank Guarantee |
Arevut Bankait |
|
Transfer of Rights |
Havarat Zchuiot |
|
Memorandum of Understanding |
Zichron Dvarim |
|
Contract |
Chozeh |
|
Cancellation of Contract |
Bitul Chozeh |
|
Enforcement of Contract |
Achi’Phat Chozeh |
|
Ownership |
Ba’alut |
|
Property Registry |
Chevra Meshakenet |
|
Power of Attorney |
Yipuy Koach |
|
Irrevocable Power of Attorney |
Yipuy Koach Bilti Chozer |
|
Guarantor(s) |
Arev / Arevim |
Technical |
Technical Specifications of Property |
Mifrat Techni |
|
Engineer |
Mehandes |
|
Civil Engineer |
Mehandes Ezrachi |
|
Structural Engineer |
Mehandes Constructziah |
|
Architect |
Adrichal |
Comparison
between Israeli Residential Real Estate Transactions and U.S. Residential
Real Estate Transactions
Many people are nervous about entering
into Real Estate transactions in Israel for many reasons. In Israel, the
real estate transactions are conducted in Hebrew, a language they are
not completely familiar with. They are not used to Israeli business mentality.
Purchasers who are not native Israelis feel that the process is different
in Israel than in their native countries, thereby exposing them to more
risk. Below you will find a list of practical differences between U.S.
real estate transactions and Israeli real estate transactions.
|
ISRAEL |
USA |
Real Estate Agents’ Fees |
The standard amount is 2% of the price from
both buyers and sellers, plus V.A.T . |
Sellers pay fees. Negotiable, but usually
between 2% - 6% of the price. |
Lawyers’ Fees |
Fees vary between 0.5% - 2% of apartment price,
plus V.A.T. |
A flat rate of $1000 - $1500 per deal. |
Title Search |
Completed by the lawyer. Title insurance exists
but is not very prevalent. |
Completed by the insurance company which issues
title insurance. |
One Lawyer for Both Parties |
Permitted. |
Permitted if the parties sign conflict waivers
permitting one attorney to represent both sides. |
Payment Schedules |
The payment schedule varies depending on the
needs of the parties. Some money is held in escrow against fulfillment
of certain duties by the seller, but it is virtually never 90%
of the price. |
10% at the signing, in escrow. 90% at the
closing (transfer of rights). |
Mortgages |
Mortgages can be transferred from one apartment
to another. The reason for this is that some mortgages have special
rights attached (such as the oleh mortgage). The seller can transfer
such a mortgage to his new apartment so as not to lose these rights.
This whole process also affects the payment schedule. |
Mortgages are not transferrable to another
apartment. When you sell a property, you pay off the mortgage
on the property and then have to get a new one any new property
you buy. |
Taxes |
The purchaser pays a Purchase Tax and the
seller pays a Capital Gains Tax and Sales Tax. |
Capital Gains Tax is paid by the seller, plus
a transfer tax of 1%. |
Linking of Price |
The prices of second hand apartments are usually
linked to the U.S dollar. The prices of new apartments under construction
are usually linked to the Building Index, but are sometimes linked
to the Consumer Price Index or the U.S. dollar. |
Prices are not linked. |
When Is The Deal Binding? |
Upon signature of both parties. |
Upon signature of both parties. |
Protection of Monies |
In contracts for new apartments still under
construction, the money is protected by a bank guarantee or insurance
policy. |
In contracts for new apartments still under
construction, the money is held in escrow. |
Who Pays the Construction Company’s
Legal Fees? |
Usually the buyer. |
The construction company. |
Freehold Land |
Much of the land is freehold. The buyer gets
a long term lease for 49 or 99 years from the government. |
This is not prevalent. |
This article is courtesy of Nicole Levin Law offices. More legal information
at: www.levinlawoffices.co.il
About Bet Shemesh
Population: City with over 70,000 residents
Location: Centrally located between Jerusalem and
Tel Aviv in the Mateh Yehuda Region
Housing availability: Properties available for rental
and purchase, apartments, cottages, semi-detached and detached villas.
Commercial establishments: Malls, supermarkets, shops
of every variety; several restaurants.
Number of English speaking olim: 95 percent in the
“Anglo neighborhoods”such as Shjeinfeld and Nofei aviv.
Religious life: Vibrant Anglo Modern Orthodox, Yeshivish,
and Haredi communities
Age range: Mostly young families, with adults in
their 30s-40s; a few grandparents; very few singles
Accessibility to places of employment: Excellent,
35 minutes to Jerusalem; 30 minutes to Tel Aviv (via train) 25 minutes
to Ben Gurion Airport, 35 minutes to Ashkelon and Ashdod.
Medical care: All medical clinics (kupot holim),
as well as Terem emergency 24 hour medical care staffed by many anglos.
Climate: Mild winters, hot summers but not as humid
as in the coast plane.
About Ramat Bet Shemesh
Population: Town with 5000 families
Location: Centrally located between Jerusalem and
Tel Aviv; in the Mateh Yehuda Region
Housing availability: New and second-hand homes available
for purchase and rental. Apartments from 2 bedrooms onwards, cottages,
semi-detached and detached vilas.All housing by law must have a Jerusalem
stone facade.
Commercial establishments: Large commercial center including
two major supermarket chains; new shopping mall under construction
Religious life: Predominantly religious; large Haredi, “yeshivish,”
and Religious-Zionist communities
Age range: 30-40, but there are also older people.
Number of English speaking olim: 40 percent (in some
streets the ratio is even much higher).
Accessibility to places of employment: 35 minutes
to Jerusalem; 30 minutes to Tel Aviv (via train);
35 minutes to Ben Gurion Airport, 35 minutes to Ashdod and Ashkelon.
Medical care: All medical clinics (kupot holim);
many dentists and alternative medicine available.
Climate: mild winters, hot but dry summers due to
the fact that it lies at over 400 meters over sea level.
Good Luck With
Your Purchase!
NadlanTown
|