Real estate8/8/2026

Buying an Apartment from a Real Estate Developer: Why You Need a Lawyer from the Negotiation Stage

The developer’s contract is drafted in advance for the benefit of the development company, and its lawyer does not represent the buyer—even if the buyer contributes to paying the lawyer’s fees. It is therefore important to examine the project, guarantees, and transaction terms before signing documents, especially when purchasing at the Pre-Sale stage.

Key facts

•Publication date: 06.08.2026
•Source: din.co.il portal
•Article author: Barak Shimoni Law Office
•The law does not require the buyer to be represented independently
•Special attention is given to Pre-Sale transactions

Whom the Developer’s Lawyer Represents

The developer’s lawyer acts exclusively in the developer’s interest. The lawyer handles the registration of the condominium, the registration of the buyers’ rights, and additional registration procedures related to the project. The buyer’s payment for these services does not create an attorney–client relationship and does not obligate that lawyer to protect the buyer during negotiations.

What Is Examined Before Signing

The legal review is not limited to reading the sale agreement. The project’s legal and planning status, the existence of a building permit, the transaction documents, the guarantees provided to the buyer, and bank financing, if planned, must also be examined. This is particularly important at the Pre-Sale stage, when sales may begin before a permit is obtained or before the bank financing arrangements are completed.

What Can Be Negotiated

Negotiations concern not only the price, but also the payment schedule, mechanisms for protecting the buyer, and commitments made by the developer or its sales department. The technical specifications, upgrades, internal changes to the apartment, bathroom fittings, and other additions may also be discussed. All understandings reached must be set out in the contract or the technical specifications, since it later becomes more difficult to prove and enforce oral promises.

Which Terms Are Especially Important in the Event of a Dispute

It is advisable for the contract to stipulate in advance compensation for delays in delivering the apartment, material breaches, and remedies to protect the buyer if the developer fails to fulfill its obligations. Specific deadlines for repairing defects, as well as the ability to assign rights and transfer guarantees if the buyer decides to sell those rights before construction is completed, are also important. These provisions may determine the parties’ rights when a dispute arises.

What this means for you

A buyer can negotiate not only the apartment’s price, but also payments, guarantees, timelines, technical specifications, and the consequences of breaches. Contributing to the fees of the lawyer representing the developer does not mean that the lawyer protects the buyer’s interests. The earlier the project’s stage, the more important it is to examine the documents in advance and put all promises in writing.

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