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19 Iyar 5759, May 5 1999 | Mordecai Plaut, director Published Weekly
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Home and Family
Untangling the Israeli Legal System
by Susan Scharman

The building trade is bullish in Israel. (They always are.) Nearly everywhere you look, there is some construction going on. With the constant expansion of the population in this young country, there is a lag between supply and demand for housing. About two years ago, people made the news when they pitched tents and set up homes near the Knesset as a protest about the housing shortage.

Two main considerations before you buy should be the following:

1. Your decision where to buy

Given all the possibilities and options to purchase a home, where do you fit in?

It is not within the scope of this column to examine the character of religious neighborhoods in Israel, but there are wide differences between communities and a buyer must take this point into consideration before investing. If it is not for purely investment purposes, your purchase of an apartment will bring you into a social framework that has to fit in with your background and aspirations.

Unless you are very clear where you want to live, it might be worthwhile to rent in a potential community, even though it will certainly mean that you will move at least once more before settling down.

2. Set up your financing.

A buyer must have concrete ideas and means to pay for the apartment under consideration. A seller will be always concerned that the potential buyer really has the financial ability to meet his contractual obligations. Although the U.S. dollar is a permissible currency to use in buying an apartment in Israel, there are laws governing this too and the fact is that most payments are carried out in Israeli shekels, unless negotiated otherwise. That means that if your money is in dollars, you probably will have to add on the cost for changing dollars into shekels. On the other hand, prices are often denominated in dollars, which means that your "currency risk" will be lower than for someone who has all his money in shekels.

The seller usually will give the keys to the buyer only after or when the final payment is made. Title is usually passed sometime soon after the final payment.

You often have a situation that the seller will be planning to use the money from his sale in order to buy another apartment, and he will be counting heavily on the buyer to be reliable and to pay on time. Therefore, a seller will press his lawyer to put maximum protection clauses into the contract, including steep fines and the right to cancel the contract for late payment.

Besides financing through a bank mortgage, loans are available from insurance companies, olim societies, and regular loans from banks which are very competitive and worthwhile looking into, especially if you are not an Israeli citizen or oleh, but prefer to buy on a foreign passport.

The government used to dominate the financial scene in Israel, but it has been trying to get out for a long time. There are now mortgages available called EMI that are similar to those in the U.S. in that they do not require guarantors and the cost of insuring the loan is included in the fees and interest rate.

Mortgages for Israelis or immigrants who have rights (zaca'ut), is a separate subject for discussion, but for now, a buyer who takes a government loan or grant should know that it is the Housing Ministry that runs the show, not the bank that you deal with directly. Yes, the mortgage bank helps you along, but it cannot deviate from the rules of the Housing Ministry. The rules and benefits do change from time to time, but generally speaking helpful loans and grants are available to newcomers and others depending on their situation. Discussing your particular situation with a representative of a mortgage bank is an imperative first step to clarify what you can get from the government.

If you are eligible to get help from the government, you should waste no time in starting the application procedure through any mortgage bank, since the bank needs a certificate of eligibility (ishur zaca'ut) from the Housing Ministry before they can apply for your particular loan. This step can be done before you even decide which apartment you want to buy.

You are not obligated to take the mortgage from the bank which sponsored you in getting the certificate of eligibility.

Next article: How to Find an apartment, 3 categories of residential apartment investments.

Susan Scharman is a Jerusalem-based attorney.

 

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