Our services
Real Estate Law, specialization in Judea and Samaria
Adv. Eran Ben-Ari opened his private practice after almost a decade of legal work in the service of the State of Israel. His work at the Attorney General and the legal department of the Ministry of Defence, has made him a leading expert in the field of Judea and Samaria. Also, his governmental work has acquired him with a unique and in-depth knowledge of the civil administration, the legal counsel of COGAT, the state political level factors and all those involved in the field. In the years since his retirement from the public sector, Adv. Ben-Ari has gained extensive experience in representing entrepreneurs, localities, municipal councils, national bodies, associations and many private clients.
As is well known, Israeli law does not apply in Judea and Samaria. The guiding laws in the field of real estate and planning and construction derive from the Ottoman law, British Mandatory law, Jordanian law, from the orders signed over the years by the Commander-in-Chief of the Central Office, and from international humanitarian law norms. The only way to advance the clients’ interests operating in the area, and to avoid legal “glitches” and accidents, is to rely on professional legal advice that is in total knowledge of this complex system.
We accompany our clients in simple and complex real estate transactions, promoting and resisting planning procedures, as well as diverse business activities in the field of fuel, solar energy and various projects. In addition, we represent administrative proceedings in all instances.
Civil and commercial litigation
Dispute management and representation before the court is considered the core of legal profession. It requires an in-depth comprehension and legal analysis, expressiveness and articulation, full control of procedural rules, assertiveness, tactical ability to anticipate future moves and persuasiveness.
Our team has many years of experience in dispute management and representation in various courts and tribunals, in all areas of civil and commercial law. Among others, we represent clients in contractual matters, in tort and professional liability claims, in real estate and condominium law, in defamation law, insolvency and more.
The department is led by Adv. Assaf Techelet, who has a rich past in the field, including experience “behind the curtain” as a legal assistant in the District Court and the Supreme Court.
Real estate transactions
We specialize in handling all types of real estate transactions. We represent developers and private clients including purchasing/selling of residential properties, commercial real estate, and land. We provide legal services to a wide array of clients, in Israel and abroad.
In handling these transactions we provide our clients with advice regarding the legal, financial, and tax structure of the various transactions.
Our services include all legal aspects of a transaction, starting at preliminary legal advice, due diligence, tax planning, legal and commercial negotiations, and finalizing the transfer of title.
The department is led by Adv. Eytan Marans, who over the years acquired a wide range of knowledge and experience.
In this subject, our firm holds unique expertise in handling complex real estate transactions within Judea and Samaria.
Real estate transactions
A central element of any transaction or business is the tax structure. Our firm advises and represents both Israeli and foreign clients in relation to various tax issues, and possesses extensive experience and knowledge regarding all matters relating to Israeli taxation.
Our firm specializes in taxation issues related to real estate transactions (both real estate tax and betterment levy).We advise our clients through all stages of the transaction, beginning with the planning of the transaction, including preliminary tax decisions, through negotiations and reporting the transaction to the tax authorities, in order to achieve the best results for our clients.
Urban renewal
Urban renewal is one of the developing fields in Israeli real estate. Our firm specializes in urban renewal transactions, including “pinui binui” and “Tama 38” transactions. We represent both developers and apartment owners.
We provide comprehensive consultations from the stage of initiating and planning of the project, reviewing zoning and tax aspects, creating the transaction’s outline, drafting agreements between the parties, dealing with financing issues, drafting agreements with the contractor and other advisers, ongoing counsel during the project, and finalizing in registering the condominium upon the completion of the construction.
Commercial law
Our firm has many years of experience in the Commercial law field, having worked at the Commercial departments of the top Israeli law firms.
We provide our clients with a balance of legal and strategic commercial advice, on all types of commercial contracts and engagements. We work closely with our clients to accommodate their legal requirements and provide them with practical and individually tailored solutions.
Administrative Law
Defamation
Planning & Zoning
Our firm possesses comprehensive knowledge and experience acquired through its many years of representation in zoning proceedings.
We represent clients in all types of administrative and judicial proceedings for the approval of master plans, licensing proceedings, objections and appeal proceedings.
Our firm has unique experience in planning and zoning matters in Judea & Samaria – an entirely distinct field than the one in the regular Israeli legal system. We provide legal counsel in these matters to private and commercial clients, as well as to settlements in the region.
Wills & Inheritance, Durable Powers of Attorney
Upon one’s passing, his assets are inherited to his or her heirs. Inheritance in Israel may happen in one of two ways: (a) by a last will and testament; or (b) by the provisions of the Israeli Succession Law.
A will is the expression of a person’s wishes regarding his or her affairs upon their death. The Israeli Succession Law is contingent upon the existence of a will, i.e., a valid will prevails over the default rules of inheritance as determined by the Israeli Succession Law.
Hence, it is very important to have a will in place in order to verify your wishes are fulfilled after your passing. In many cases it is recommended to consider setting up a trust.
Our experience and skill in the fields of trusts, wills, and estates enables our firm to uniquely tailor a last will and testament to your individual needs.
In addition, Adv. Marans from our firm is certified to draft and sign a durable power of attorney. A durable power of attorney is a legal document that is an alternative to appointing a legal guardian. The appointee will be authorized to act on behalf of that person in the future, if and when he can no longer make or make decisions that concern his affairs. A durable power of attorney can relate to medical, personal or property matters – or only some of them. It can also contain “preliminary directions” which will clarify how the appointee is asked to act in the future.
There is of great importance to the design of the durable power of attorney, in parallel and in a manner that integrates with the provisions of the will. Our experience and expertise allow reference to all aspects of the client, also in this context.
Cooperative Societies and non-profit organizations
The field of cooperative societies is a complex and fascinating field, which includes a variety of legal layers that affect the conduct of the association and the law applicable to it, including the Cooperative Societies Ordinance, the Cooperative Societies Regulations, decisions of the Registrar of Cooperative Societies, the association’s bylaws and its internal decisions.
Our firm has extensive experience in cooperatives, with an emphasis on cooperatives throughout Judea and Samaria. We advise and accompany the functionaries in the association and the association authorities in fulfilling their role and advise them in their day-to-day conduct, as well as association members on various issues.
Among other things, our firm has proven experience in managing disputes between the association and members or former members of the association, including negotiating and representing in the various courts, the Registrar of Cooperative Associations and parties on his behalf, and in arbitrations if necessary.
In addition, our firm regularly represents a number of non-profit organizations in a variety of fields. In this context, we advise non-profit organizations on an ongoing basis and on issues of principle, including the establishment of non-profit organizations, the installation of bylaws, obtaining approval under section 46 of the Income Tax Ordinance and ongoing advice on managing the non-profit organization. In addition to the usual legal advice, our partners also serve, voluntarily, as committee members in various associations.
