Real estate8/8/2026

Buying an Apartment from a Developer: Why a Lawyer Is Needed Already at the Negotiation Stage

The developer’s lawyer represents only the construction company, even if the buyer contributes to the payment of the lawyer’s fees. It is therefore important to conduct an independent review of the project, the guarantees, and the contract before signing the documents, especially when purchasing at the pre-sale stage.

Key facts

•Source: din.co.il
•Publication date: 06.08.2026
•Author: Barak Shimoni Law Firm
•The law does not require the buyer to retain a separate lawyer
•Pre-sale transactions require special attention

Whom the Developer’s Lawyer Represents

The lawyer’s work concerns registration of the condominium, registration of the buyers’ rights, and other registration procedures relating to the project. Payment by the buyer for these services does not create an attorney-client relationship and does not obligate the lawyer to protect the buyer’s interests in the negotiations.

What to Check Before Reviewing the Contract

The project’s legal and planning status, the existence of a building permit, the contents of the transaction documents, the guarantees mechanism, and, if planned, the bank financing arrangement should be examined. These checks are especially important at the pre-sale stage, when sales may begin before the permit is obtained or before the bank financing arrangement is finalized.

What to Negotiate with the Developer

The negotiations may address not only the price but also the payment schedule, buyer protections, technical specifications, planning changes, interior finishes, and fixtures. It is advisable to incorporate into the contract or technical specifications all promises made by the developer and the sales department: it is more difficult later to prove oral agreements and enforce their performance.

Which Terms Are Important in the Event of a Dispute

The contract should be reviewed for the compensation mechanism in the event of a delay in delivering the apartment, the list of fundamental breaches, and the remedies available to the buyer if the developer breaches its obligations. The deadlines for correcting defects and the ability to assign rights and transfer guarantees are also important if the buyer decides to sell the rights before construction is completed.

Is Separate Legal Representation Mandatory?

According to the source material, the law does not require the buyer to retain a lawyer. However, an independent representative can assess the risks involved in the transaction as a whole and seek changes to the legal, commercial, and technical terms before the contract is signed.

What this means for you

A buyer purchasing an apartment from a developer should not regard the company’s lawyer as the buyer’s representative. Before signing the contract, it is advisable to examine the project’s status and the guarantees and to put in writing all promises concerning payments, deadlines, planning, and fixtures. The earlier the project’s stage, the more significant the potential risks.

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