Shimon Han law office and notary

Purchasing a property is one of the most significant economic and legal actions in a person's life. Such a purchase includes what are called in the legal language - proprietary and contractual obligations that have long-term consequences. Conducting a real estate transaction in a responsible manner requires many planning and legal checks to ensure that the large financial investment does not go down the drain. In addition, professional tax planning in advance and accompanies the purchase, will ensure compliance with the budget and avoid unpleasant surprises later on. Here is a partial list of checks that must be conducted, but it is worth remembering that when it comes to a large and significant transaction, professionals must be used.

This article does not replace the need for legal advice .

The owners of the rights in the apartment  - there have already been cases in which innocent buyers purchased an apartment from imposters, therefore, before making a commitment, you should find out and make sure that the seller is indeed the owner of the rights in the property offered for sale. This check is relatively simple and is done by comparing the seller's identity card against a current tabu form from the Land Registry Office. If the apartment is not listed in the taboo registers, you can get a 'Confirmation of Rights' form from the Israel Land Authority, even then the comparison must be made. (The Taboo text, issued by the Land Registry Office, shows the status of the rights in the property, i.e. who is the owner and what type of ownership, is it full ownership, partnership, lease or sublease. When the status of the property that is sought to be purchased is defined as a lease for generations before the Israel Land Authority, there is Also check the lease agreement and its conditions, and if it is a property in a shared house, you must compare the lease agreement with the register of shared houses that the shared areas are the same in the various records.

The next necessary step is to check for liens on the property  - it is necessary to check if liens are registered on the property, which may prevent the transfer of ownership of it later. The initial information can be found in the draft of the taboo, which will list liens such as a mortgage, foreclosure, encumbrance, the Hotzalp file, which will appear in the form of a warning note. It should be noted that this is only partial information and there are additional tests that must be conducted to prevent the appearance of creditors who will demand their share of the property in the future .

Planning inspections  - when purchasing a property, whether for investment, renovation, or residence and use, you must make sure that no restraining orders, demolition, expropriation or that there are no construction anomalies have been issued against the property. An initial check will be made against the draft of the taboo, but in addition it is necessary to take out the "building file" from the local authority, the engineering department, and find out if the building on the land was indeed built in accordance with the building permit, whether applications were submitted for an additional building permit if additional rights were guaranteed and whether they exist. Oral or written promises of the property owners will be shattered in the face of the authorities' decision and the various construction plans.

The building file will contain all the planning and construction steps taken by the owners of the property for generations, including through various correspondence such as warning letters, letters of request, reports of inspectors who visited the property, etc. The importance of such an inspection stems from the fact that at the time of transfer of ownership, The property together with the debts to the authorities is the responsibility of the new owner.

Associated expenses for the purchase of an apartment and planning the set of payments for the property and the required taxation

When purchasing a real estate property, the accompanying payments must also be taken into account and thus avoid exceeding the purchase budget.

Among the accompanying payments:

• Payment of purchase tax according to the circumstances of the purchase - you can find details on the website of Adv. Shimon Han.
• Improvement levy
• Brokerage fee - if any
• Payment to the attorney - the fee will vary depending on the transaction and the experience and professionalism of the attorney accompanying the transaction.
• Consent payments - payments transferred to the Israel Land Authority, it is customary to stipulate in the sales agreement that the cost of capitalization will be borne by the seller.
• Mortgage - approval in principle must be obtained from the bank before signing the sales agreement. In this framework, the dates of receiving the loan payments must be verified to verify compliance with the payment schedule in the agreement.

It must be remembered that for most people, buying an apartment is not only the biggest financial transaction they will make in their life, but also an exciting event that holds a future promise. Therefore, it is especially important to avoid unpleasantness and complications by getting professional advice.

In the State of Israel, the rights and duties of every employee are incorporated by law. Despite this, many of the workers do not know and fully understand their rights.

A state of lack of awareness and understanding may lead to financial and personal injury in cases where there is a violation of the employee's rights.

For this reason, it is important to receive professional legal guidance and advice, from an experienced labor law attorney and an expert in the field of labor law, who will explain to you what your rights are and ensure their full realization.

In any case where an employer has violated his obligations towards an employee, it is certainly possible to demand adequate compensation in accordance with the criteria stated in the law.

Labor laws are considered particularly complex and for that reason, in the absence of a professional who is familiar with the ins and outs of the law, the employee may lose what he is entitled to.

In the State of Israel, great emphasis is placed on protecting workers' rights and there are various protections that are important to know.

In any case where you feel that you have been harmed or taken advantage of by your employer or that one or more of your rights have been violated, it is important to contact an expert lawyer in the field who will conduct a professional legal process with the relevant parties in order to ensure that you will receive proper and adequate compensation as you deserve.

Civil law (which is manifested in civil lawsuits) is a general term for the legal sub-fields, which regulate relationships between individuals (companies or people) and themselves. This field dominates various aspects and regulates, for example, property rights (property law), voluntary and involuntary obligations between individuals (in the fields of  contract law  and tort law) and even touches on the network of relationships that exist within family units (family law). Civil law (and its expression - civil lawsuits) has a significant role in shaping the "relationships" that exist in every human society, to ensure an active and stable social system and it even contributes to the prosperity and growth of this system, both from the social and economic point of view.

What are the differences between civil claims and other types of claims?

As we know, alongside the civil law, there is also the public law, whose role is to regulate the conduct of public bodies and the relationship between them and the individuals (again - companies or individuals) and the criminal law, which revolves around the norms that the state imposes on the individuals within it through laws and regulations. The main difference between civil law and criminal law or public law, focuses on the fact that the procedures applicable in it (for example - civil lawsuits) are carried out between two individuals while the state itself is not a party to the proceedings, neither as an accuser nor as a petitioner. From this also arise the additional differences such as the identity of the plaintiff (in a civil lawsuit - any individual may file a lawsuit against any other individual for a wrong done to him and it is contrary to the laws of the state. This, in contrast to the criminal laws, in which this or that government body or even the state serves as the plaintiff- herself.

Two other differences between the different types of claims

Another difference derived from the division of law into civil and criminal is that, in the filing of civil lawsuits, as opposed to the criminal law procedures, it is not about the commission of offenses but the existence of injustices .
The nature of the offense (or wrongdoing) that is at the center of the lawsuit also constitutes another main difference between civil lawsuits and criminal lawsuits - when it comes to an offense that harms public order, quite logically, the state (or a government body on its behalf) may sue the person accused of harm through a criminal trial, Civil lawsuits, as mentioned, deal with injury between one individual and another.

Litigation - Litigation

Hearing arguments in court is called litigation .

The lawyer who represents in court specializes not only in the law but also in the art of litigation required in order to convey the legal and other claims in the best way in order to convince the judge of the client's right. The chances of winning a legal case depend to a large extent on the lawyer's experience and abilities to choose the right legal claims, the right time to make and sometimes also when not to make and not to make a claim, and knowing how to navigate between the lawyer representing the other side and the need to convince the judge to rule in favor of his client.

In all matters related to law and order, experience and legal expertise are of great importance, but when it comes to a case discussed in court, this is of crucial importance. More often than not, legal claims that seemed legally based were decided due to or because of the lawyer and the way he argued the claims in court. Moreover, different tribunals (different legal frameworks), require unique specialization and specialization regarding the "language" that is used and appropriate. In the office The lawyer Shimon Hahn are expert lawyers with extensive and proven experience in litigation in the various courts and other tribunals. Remember, the legal argument alone is not enough, it must be presented in a way that allows the judge to understand and agree with it. This is not only a specialty but also an art.