Real Estate Attorney — Who Needs One and What Exactly Does He Do?

Why Is a Real Estate Attorney Essential in a Property Transaction?

When you buy or sell real estate, you're not just transferring money — you're changing legal rights in an asset that could be the largest investment of your life. Any error in the contract, any clause that isn't clarified precisely, and any overlooked detail could cost you tens of thousands of shekels in the future or even put the entire deal at risk.

A real estate attorney is not a "luxury" — it's a legal protection tool. He examines the land registry document (the legal description of the property), verifies that you are buying from or selling to the right party, manages all documentation, coordinates with the bank (if there is a mortgage), and ensures that the transaction complies with the law — from start to final registration in the land registry.

In Israel, there is no legal requirement to hire an attorney in real estate transactions. However, in practice, any buyer or seller who wants to protect themselves should do so. The risk of conducting a transaction without legal representation is too great.

A Real Estate Attorney for the Buyer — What Does He Do?

As a buyer, you are in the position of "the payer." You agree to pay hundreds of thousands of shekels or more, and in return you expect to receive a clean property, free of liabilities, with clear rights and no legal surprises. A buyer's real estate attorney is your "gatekeeper":

• In-depth land registry examination: He obtains the complete property document from the land registry office and reviews every registration, lien, mortgage, third-party rights, or legal issues that could affect the purchase.
• Verification of the seller's identity: He confirms that the seller is the rightful owner of the property, that there are no tax debts or legal negligence that would transfer to you.
• Fair purchase contract: He drafts or reviews the purchase agreement, ensuring that all terms (price, closing date, mortgage conditions, seller's warranties) are protected, clear, and lawful.
• Mortgage management: If you are taking out a loan, your attorney coordinates with the bank, ensures that the terms align with the purchase agreement, and handles all required documents.
• Capital gains tax and deductions: He calculates any applicable capital gains tax, manages payment to the authorities, and ensures there are no "surprises" at the transaction closing stage.
• Secure closing: At the end of the process, he ensures that all documents are properly signed, that money transfers safely, and that your rights are registered in the land registry — the moment you formally become the owner of the property.

A Real Estate Attorney for the Seller — What Does He Do?

As a seller, you are in a different position — you are selling a property that is yours and must protect yourself from liabilities, claims, and legal "surprises" that could be discovered after the sale. A seller's real estate attorney ensures that you sell cleanly and safely:

• Land registry and legal file examination: He reviews the land registry document of your property, confirms there are no outstanding debts, liens, or third-party rights that could jeopardize the sale.
• Resolution of legal issues: If there are problems (for example, a lien due to debt, an unsatisfied mortgage, or spouse's rights), he helps resolve them before you sell — so the transaction proceeds smoothly.
• Protection in the purchase contract: He drafts a contract that protects your rights, ensures you don't bear responsibility for issues beyond your control, and ensures all terms are clear and leave no room for disputes.
• Mortgage discharge: If there is a mortgage on the property, your attorney ensures that funds from the sale are applied first to discharge the mortgage — so the property is clean when the buyer receives it.
• Capital gains tax: He calculates your capital gains tax obligation, handles payment to the authorities, and ensures you are not left with unsettled debts.
• Identity verification and authority: He confirms that you are the rightful owner, that there are no liens against you, and that all your rights in the property are accurately reflected in the contract.
• Post-sale protection: A seller's real estate attorney also ensures that you do not remain with legal or financial liability after the property passes to the buyer.

Key Differences Between a Buyer's and Seller's Real Estate Attorney

Although both assist in a real estate transaction, a buyer's and seller's real estate attorney have different interests:

When Do You Need a Real Estate Attorney?

The straightforward answer: Almost always. However, it is more essential in certain cases:

• Buyer: When purchasing a first home, when financing with a mortgage, when the property is part of a Tama 38 project or urban renewal, when the seller is not a "regular" seller, or when there is anything unusual in the title.
• Seller: When selling a property with legal issues (mortgage, levy, spousal rights), when concerned about future claims, or when the buyer requires certain contractual protections.
• Both parties: In large transactions, properties with complex legal history, or when dealing with a mortgagee company or new construction.

The Risks of Conducting a Real Estate Transaction Without a Lawyer

If you think "it's just a simple transaction, I can do it myself" — think again. The risks are substantial:

Risks for the Buyer:

• Undiscovered land registry issues: You may discover after purchase that there is a lien on the property, an unpaid mortgage, or third-party rights. This can result in significant legal costs or even loss of the property.
• Unfair sales contract: If you sign a contract drafted solely by the seller's lawyer, you may assume responsibilities that should not be yours.
• Mortgage problems: If you do not properly coordinate with the bank, the mortgage may not be approved on time, or the terms may not be as you expected.
• Capital gains tax or hidden expenses: You may become confused with tax calculations, or discover hidden expenses at closing.
• Contract breach or lack of agreement: If something is unclear in the contract, there may be disagreement between you and the seller, which could jeopardize the entire transaction.

Risks for the Seller:

• Legal liability after the sale: If you have not properly resolved all legal issues of the property, the buyer can sue you after the sale.
• Lien or unpaid debt: If there is a lien on your name or unpaid debt, the buyer can demand a refund or even cancel the transaction.
• Unpaid mortgage: If you have not settled the existing mortgage, the bank can place a lien on the property even after you have sold it.
• Issues with spouse's or family members' rights: If you do not verify that every spouse or rights holder signs the sales contract, they can sue after the sale.
• Unpaid capital gains tax: You remain responsible for paying capital gains tax even after you sell the property.

How Much Does a Real Estate Lawyer Cost?

The cost of a real estate lawyer varies depending on the size of the transaction, its complexity, and the law firm. Generally:

• Commission based on a percentage of the property value: Usually between 0.5% and 2% of the transaction value, depending on the firm and complexity.
• Fixed fee: Some lawyers charge a fixed fee (for example, 2,000–5,000 shekels) for a standard transaction.
• Hourly rate: Some lawyers charge by the hour (usually 400–800 shekels per hour).

When comparing prices, remember: a cheap lawyer is not always the best choice. What matters is the quality of representation, experience in the field, and their ability to protect your rights carefully and efficiently.

One Lawyer or Two — Buyer and Seller?

A common question: Can a buyer and seller hire the same lawyer?

In principle, yes — but it is problematic. One lawyer cannot simultaneously represent a buyer and seller because they have conflicting interests. If a lawyer tries to be "neutral," they are actually not properly protecting either side.

The correct approach: Each party should have their own lawyer. This ensures that each party receives full representation without conflicts of interest. In large or complex transactions, this is essential.

Mandelbaum, Gor, Witzman-Gor & Co. — Real Estate Law Experience Since 2008

Our firm specializes in real estate and property law for over 15 years. We are boutique attorneys focused on representing buyers and sellers in real estate transactions, TAMA 38 projects, urban renewal, and all legal matters related to real estate in Israel.

Our approach:

• Focused Representation: We are not general practitioners handling everything. We are experts in real estate law, so we know every detail of every transaction.
• Personal Availability: Each client receives direct personal consultation from an experienced attorney. We do not transfer you to a legal assistant or office staff — you work with a lawyer.
• Free Initial Consultation: Before you decide, we offer a free consultation to understand your situation and explain how we can help.
• Cost Transparency: We explain exactly what your costs are. There are no surprises along the way.

We are located in Ramat Gan, with an additional branch in Petah Tikva (Yoni Netanyahu 8), and we serve clients throughout the central region and Israel.