Real Estate Law
Adv. Liron Yitzhak Elmaliach

Adv. Liron Yitzhak Elmaliach has been handling real estate transactions since 2014 — in Jerusalem, Ma'ale Adumim, Beit Shemesh, Gush Etzion, Modi'in and dozens of other communities. This accumulated experience enables her to identify risks that attorneys without local expertise may miss: ILA leasehold land, properties never registered in the Tabu, planning schemes that threaten property value, and more.

Representation is personal — never delegated to a junior attorney. Every client receives a free initial consultation, a clear and upfront fee proposal, and regular updates throughout the transaction. The attorney's fee is an agreed percentage of the transaction value — known from day one, with no surprises.

Our real estate practice areas include: purchase and sale of apartments, houses and plots; commercial real estate; construction defects; urban renewal (Pinui Binui) and National Outline Plan 38 (Tama 38); neighbor disputes and partition of jointly-owned property; condominium building registration; real estate taxation (capital gains tax, purchase tax); and representation before planning and building committees.

In Jerusalem in particular — a city with unique legal complexities such as church-owned land, ILA leaseholds, and unregistered properties — local experience is not merely an added advantage but an essential condition for a safe transaction.

Israel Land Authority (ILA) Leasehold: A significant portion of Jerusalem properties are built on state-owned land. Apartment ownership is private, but the land is held under a long-term lease for a fixed period. Renewing the lease, capitalizing rights and purchasing the land from the ILA — all of these require separate legal proceedings that an experienced local attorney will know.

Church-Owned Land: In the neighborhoods of Baka, Katamon, Arnona and others — there are properties leased from church bodies (Greek Orthodox Church, Catholic Church and similar). These leaseholds have different terms and restrictions, and renewal requires unique approvals. Purchasing such a property without thorough due diligence can bring unpleasant surprises.

Area C — Judea and Samaria: In communities such as Ma'ale Adumim, Efrat, Gush Etzion and Beitar Ilit — the registration system is entirely different. There is no Tabu here; registration is with the Civil Administration. The applicable law, procedures and title transfer methods all differ. Representation by an attorney familiar with the area is an absolute necessity.

The Sale (Apartments) Law sets inspection and warranty periods for new apartment purchases from developers. The inspection period ranges from one year (paint, finish) to 7 years (structural construction defects). During this period, the developer is responsible for repairing defects at no cost. After the inspection period — claims may still be brought during the warranty period (10 years from handover) if it can be proven that the defect resulted from developer negligence.

The process: the developer must be notified in writing with a detailed list of defects and given a reasonable opportunity to repair. If the developer refuses or fails to repair within a reasonable time — a legal claim may be filed. A structural engineer's expert opinion is almost always necessary, as is detailed photographic documentation. The common remedy is the cost of repair and diminution in value — and sometimes compensation for distress as well.

Claims can also be brought for resale properties if known defects were concealed. The court examines whether the seller knew of the defect and did not disclose it — if so, the contract may be voided or compensation awarded. Therefore, an engineer's inspection before purchase is a cheap investment that saves much greater costs later on.