10 Questions to Ask a Lawyer
Before Buying an Apartment
By Adv. Liron Yitzhak Elmaliach | Updated: 2026 | Reading time: approx. 7 minutes
Buying an apartment in Israel is probably the largest financial commitment you will ever make. Yet many buyers arrive at the lawyer's office without knowing what to ask — and leave without the answers that matter most.
These 10 questions will help you understand exactly what your lawyer should be checking, and give you the framework to have a more informed conversation before signing anything.
1Who is the registered owner of the property, and is ownership clear?
The lawyer should check the Land Registry extract (Nesach Tabu) and confirm that the seller is actually the registered owner, that there are no co-owners who are not party to the transaction, and that there are no unresolved ownership disputes.
2Are there any liens, mortgages, or encumbrances on the property?
A clean title is essential. The lawyer checks the Land Registry and the Pledges Registrar for mortgages (Mishkanta), liens (Ikul), attachments (Ikul HaYerusha), warning notes (Haaras Azhara), and any other encumbrances. These must all be cleared before or at the time of purchase.
3Does everything built on the property have a valid building permit?
The lawyer checks with the relevant municipality. Unauthorized construction — an enclosed balcony, a converted safe room, an added floor — can result in demolition orders and significant legalization costs that fall on the buyer. This is one of the most common hidden risks.
4What are the property's building rights — and have they been used?
Remaining building rights (Zchuyot Bniya) are an asset — they allow future additions. The lawyer checks the zoning plan (Tochniyas), what is permitted, and how much has already been built. In some buildings, rights can be purchased from neighbours.
5What type of tenure does the property have?
In Israel, property can be fully owned (Baalut) or held on long-term lease from the Israel Land Authority (Chakhira). The two types have different implications for future sales, inheritance, and renovations. Jerusalem has a particularly high proportion of leasehold properties.
6Are there any tax implications I need to be aware of?
Purchase tax (Mas Rechisha) is the main tax for buyers. First-home buyers receive reduced rates. Investment property buyers pay higher rates. The lawyer should provide a precise calculation before signing, as this is a significant cost. There may also be betterment levy (Hetel Hashbacha) implications if the property has been improved.
7What are the obligations in the building's joint ownership document (Takanonim)?
The by-laws (Takanonim) of the building govern how common areas are managed, how costs are shared, and what rights and obligations apartment owners have. This is particularly important if you are considering a future renovation, adding a room, or using the roof or parking.
8What financial guarantees are provided, and how is my money protected?
Especially when buying from a developer, the payment schedule and accompanying guarantees are critical. Under the Real Estate Sales Law (Chok Mechira), developers must provide specific guarantees (bank guarantee, insurance, or registered charge) for every payment received. Your lawyer must verify these are in place.
9Is there any ongoing litigation or legal dispute involving this property?
Neighbour disputes, creditor claims, inheritance disputes involving the property, municipal enforcement proceedings — any ongoing litigation can affect your purchase. Your lawyer should search court records and ask the seller to warrant there is no such litigation.
10What is the realistic timeline to registration of title in my name?
Paying for a property and being registered as owner are two different milestones. Registration (Ritsuy BaTabu) can take months to years in some cases, particularly with new construction. Your lawyer should explain the expected timeline and what protects you in the interim.
Thinking of buying an apartment in Jerusalem?
Free initial consultation — bring these questions and we will give you clear answers about the specific property you are considering.