Real Estate Attorney in Herzliya and Herzliya Pituach: Emanuel Trach

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Emanuel Trach – Real Estate Attorney in Herzliya and Herzliya Pituach

Looking for a real estate attorney in Herzliya and Herzliya Pituach? I am Emanuel Trach, the real estate attorney in Herzliya and notary with extensive experience in real estate, who practices buying and selling apartments, private houses and commercial properties in Herzliya and Herzliya Pituach.

Real estate attorney in Herzliya - land registry extract and rights check

I also provide representation of buyers of new apartments from a contractor, handle complex real estate contracts and combination (kombinatzia) transactions, and deal with complex real estate transactions.

Thanks to in-depth familiarity with dealing with the local authorities in Herzliya and an understanding of the planning situation in the city, I provide my clients with professional and reliable service.

In addition, in cooperation with the architect Tal Ohayon, whose office is located in Glil Yam, I provide my clients with a wide range of real estate services, which also includes design and planning advice.

I hold a master’s degree in law from Tel Aviv University and a bachelor’s degree in law and business administration with a specialization in finance from Reichman University. With more than 15 years of experience in the field, I have acquired broad knowledge in the private market and the public sector, including the Prime Minister’s Office.

Representation in transactions for buying private houses and apartments in Herzliya and Herzliya Pituach: personal and professional accompaniment throughout the purchase process, including reports to the Tax Authority.
Representation in transactions for selling private houses and apartments: advice and guidance aimed at maximizing the property’s value in the sale.
Representation in transactions for new apartments from a contractor: handling a variety of contracts with contractors.
Combination transactions and complex real estate: managing legal processes in unique and complex transactions.
Commercial properties: advice in commercial property transactions and their leasing.

Extensive experience and local familiarity: many years of experience in the real estate field in Herzliya and the surrounding area.
Personal and tailored service: every client receives a personal approach, close accompaniment and solutions tailored to the client’s unique needs.
Cooperation with the architect Tal Ohayon: a broad range of services including legal, planning and design advice.

Email: Emanuel@trach-law.co.il
Mobile: 055-2550011

I invite you to get in touch and enjoy professional representation in your real estate transactions in Herzliya and Herzliya Pituach!

Neighborhoods and transactions in Herzliya

The market in Herzliya is divided into several areas, and each one produces a different type of transaction. In Glil Yam and New Glil Yam new towers are being built, so most of the transactions there are purchases from a contractor. In Herzliya Pituach mainly luxury apartments and houses are sold. In the older neighborhoods, such as Neve Amal, Neve Yisrael, Herzliya B and Young Herzliya, and in the green neighborhoods, most of the transactions are resale apartments.

According to Madlan data (September 2026), the average apartment price in Herzliya is about ₪3.7 million. In a 4-room apartment, the gap between a new apartment from a contractor (about ₪4.6 million) and a resale apartment (about ₪3.3 million) is more than ₪1 million. This gap is the reason to read the contract carefully before signing, because when buying from a contractor, the buyer is buying a promise and not a finished apartment.

An apartment from a contractor in Glil Yam

I recently handled the purchase of a new apartment from a contractor in Glil Yam, in a nine-story residential building, at a price approaching ₪6 million. On the day of signing there was still no building permit for the project, and this changed the structure of the contract. Some of the issues that came up in the negotiation with the contractor:

A condition precedent with a cap. The contract is conditional on obtaining a permit. We asked to set that the period for fulfilling the condition, including extensions, would not exceed 14 months, and that if the condition is not fulfilled the buyer may cancel and receive all of the money back.
No index linkage. We asked that the consideration not be linked to the construction input index and that no interest apply, but only late-payment interest on an overdue amount.
Cancellation because of price increases. We deleted the contractor’s right to cancel the agreement due to rising costs.
A Sale Law guarantee. A guarantee must be provided for every payment within 14 days, including payments financed by a contractor loan.
A contractor loan. Without interest, without personal guarantees and with early repayment without a fee. It was also agreed that if the agreement is canceled, the contractor repays the loan and releases the apartment.
A risk event. We defined events, such as the discontinuation of bank financing or an attachment on the property, that give the buyer the right to cancel and receive all the money back.
A sale before Form 4. The contract prohibits transferring rights before occupancy, except under cumulative conditions. Someone buying as an investment needs to know this in advance.

Buying a new apartment in Herzliya? Read also about legal accompaniment when buying an apartment from a contractor.

What a real estate transaction in Herzliya looks like, step by step

Most transactions in the city go through the same stages, even if the details differ between an apartment from a contractor and a resale apartment:

A preliminary check of the property: land registry extract, liens, caution notes, debts to the municipality and to the building committee, and building permits.
Negotiating the terms of the transaction and the price, before anything is signed.
Drafting or reviewing the contract, and amending clauses that harm the party I represent.
Signing and transferring the first payment, in a way that protects the money.
Registering a caution note in favor of the buyer, and in a transaction with a contractor also receiving a Sale Law guarantee for every payment.
Reporting to the Land Taxation Authority and paying the tax on time.
Delivery of the apartment, checking for defects, and transferring the rights to the buyer.

What to check before signing, by type of property

A new apartment from a contractor

The permit status. Some projects are sold before a building permit is received. In that case the contract needs to set a condition precedent with a time cap, and a right to cancel with a full refund if the permit is not received.
A Sale Law guarantee. There must be a guarantee for every payment made, and in projects with a contractor loan also for the amounts financed by the loan.
Linkage and interest. It is worth checking whether the consideration is linked to the construction input index, because this changes the final cost.
The delivery date and compensation for delay. What the permitted grace period is, and what the compensation is for each month of delay.
The technical specification and the parking and storage appendix. These details determine what is actually received, and they are the basis for claims after delivery.

A resale apartment

The land registry extract and liens. If a lien in favor of a bank is registered on the apartment, the agreement needs to provide how it is removed and when the buyer pays the balance.
Building permits. A balcony enclosure, an added room or a division of the apartment without a permit may become the buyer’s problem.
Debts. Municipal property tax, water, building committee and management fees are checked against documents, and not only against a declaration.
The type of ownership. If the land is leased, the type of lease and the capitalization terms are checked.
The condition of the property. A sale “as is” does not cancel a duty to disclose a hidden defect that the seller knew about.

A building under TAMA 38 or pinui-binui

What was set in the agreement between the developer and the existing apartment owners, and what share of the rights each apartment receives.
What the permit status is, and who finances the construction.
What happens during the construction period: alternative housing, rent and compensation for delay.
What guarantee is given to the apartment owners, and what happens if the developer gets into difficulties.

Real estate taxation in a transaction in Herzliya

Every transaction starts with the tax question. The buyer pays purchase tax according to the value of the apartment, and the amount of the tax depends, among other things, on whether it is the buyer’s only apartment. The seller pays betterment tax on the gain, unless eligible for an exemption, for example when selling a single residential apartment under the conditions in the law. The tax brackets are updated every year, so I check them according to the date of the transaction and not from a general table. Tax that is planned before signing costs less than tax discovered after it.

Purchase tax brackets, as of November 2026

A single residential apartment. The tax is calculated progressively, and each rate applies only to the part of the apartment’s value that falls within the bracket:

Up to ₪1,978,745: exempt from tax
From ₪1,978,745 to ₪2,347,040: 3.5%
From ₪2,347,040 to ₪6,055,070: 5%
From ₪6,055,070 to ₪20,183,565: 8%
Above ₪20,183,565: 10%

An additional apartment (for example, for investment). There is no exempt bracket:

Up to ₪6,055,070: 8% from the first shekel
Above ₪6,055,070: 10%

For example, a single apartment worth ₪2.5 million will be subject to purchase tax of about ₪20,500, while an additional apartment of the same value will be subject to about ₪200,000. The brackets for a single apartment have been frozen until 15.1.2028. The rates for an additional apartment should be verified at the time of the transaction, as they were set by a temporary provision. Source: the Tax Authority purchase tax calculator.

Working with me

My office is in Tel Aviv, a short drive from Herzliya. We can meet at the office, and handle some things by phone and WhatsApp. I accompany both buyers and sellers, and if the transaction includes registering a caution note or a power of attorney, I handle those as well. For more details see Real estate attorney in Herzliya and Real estate attorney in Tel Aviv.

Frequently asked questions: real estate attorney in Herzliya

When is it worth turning to an attorney in an apartment transaction in Herzliya?

Before signing the contract. After signing it is hard to change clauses, so it is worth checking the contract, the status of the rights in the property and the payments before committing.

What is checked before buying an apartment in Herzliya?

Registration of the rights in the land registry, liens and caution notes on the property, debts to the local authority and levies, building permits and completion certificates, and the status of the seller’s mortgage. Additional checks can be added according to the type of transaction.

Can a transaction be handled without coming to the office in Tel Aviv?

A large part of the process is conducted by phone and with digital documents. Some signatures require presence, and the office receives clients by prior appointment.

Is there a difference between buying from a contractor and buying a resale apartment?

Yes. When buying from a contractor, the contractor’s contract, the apartment specification, the guarantees and the payment schedule are checked. In a resale apartment, mainly the status of the rights and debts in the property is checked. Details: Buying an apartment from a contractor and Legal representation when buying an apartment.

This page also refers to Herzliya Pituach.

What to check before signing a contract in Herzliya

A careful check before signing costs little compared with the cost of discovering a defect afterwards. A real estate attorney in Herzliya will usually go through the following points with you, adjusted to the property and to the type of transaction:

Ownership and registration. Who is registered as the owner, whether the property is registered as a separate unit in the Land Registry (Tabu), or whether the rights are held through a registered housing company or another body.
Liens, attachments and caution notes. A mortgage, an attachment or a caution note in favor of a third party can prevent registration in the buyer’s name. The contract should say who removes each one and by when.
Debts. Debts to the local authority, the building committee and the utility companies, which are usually settled through the transaction.
Building permits. Whether additions such as a closed balcony, a storage room or an extra floor were built with a permit, and whether the building has a completion certificate.
Planning status. Any approved or planned urban renewal project, and what it may mean for the property in the future.
The seller’s mortgage. If the seller has a mortgage, the way it will be repaid, and the bank’s release letter, should be fixed in the agreement.

These checks are the basis for the negotiation. Where something is missing or unclear, it can be addressed in the price, in the payment schedule or in a specific clause, rather than being left to chance.

Buying a resale apartment compared with buying from a contractor

The two kinds of transactions raise different questions, and the contract has to answer them differently.

A resale apartment. The main questions are the status of the seller’s rights, the condition of the property, and what will happen to existing liens and debts. The contract usually sets the sale price, the dates for payments, the date for delivery of possession, and the conditions under which each payment is released. The buyer commonly asks for a caution note to be registered in favor of the buyer before paying most of the price.

An apartment from a contractor. Here the contract is usually prepared by the contractor, and the Sale (Apartments) Law gives the buyer certain protections, including a guarantee for the money paid. A real estate attorney in Herzliya will check that the guarantee is issued in the right amount, that the technical specification is detailed enough, that the payment schedule follows the progress of the construction, and that the contract states the delivery date and the compensation for delay in clear terms.

Whichever route you choose, read the appendices as carefully as the contract itself.

Taxes and levies to consider in a transaction in Herzliya

Taxes can change the real cost of a transaction, so it is worth looking at them early. The figures and the exemptions change from time to time, so the following is a general outline and not a calculation for your case.

Purchase tax is paid by the buyer. The amount depends on the price of the property and on whether it is the buyer’s only residential apartment or an additional one.
Betterment tax (land appreciation tax) may apply to the seller, according to the dates of purchase and sale, the period of ownership, and the exemptions that are available.
Betterment levy is imposed by the local authority when a planning change increases the value of the land. The contract should state who bears it.
Other costs may include legal fees, brokerage, registration fees and mortgage-related expenses.

A real estate attorney in Herzliya can look at your details, explain which of these are likely to arise, and, where relevant, suggest that you also consult a tax adviser or an appraiser.

How a transaction usually proceeds

The details depend on the property, but most transactions follow a similar order:

Preliminary checks of the property, the registration and the documents.
Negotiation of the price and the main terms, usually followed by a draft contract.
Review of the draft, with changes to protect your position.
Signing the contract and making the first payment in a way that protects the money, often with a caution note.
Reporting the transaction to the Land Taxation Authority and paying the taxes that apply.
Delivery of possession, payment of the balance, and registration of the rights in the buyer’s name.

It helps to know the order of the stages in advance, so that nothing is left for the last moment.

Documents to prepare

Having the documents ready speeds up the checks. Depending on your role in the transaction, you may be asked for some of the following:

An identity card and, for a company, the registration documents and the authorization to sign.
A recent extract from the Land Registry, or a confirmation of rights from the housing company or the relevant body.
The building permit, the completion certificate and any approved plans.
Confirmation from the local authority that there are no debts, and from the building committee where there is one.
The mortgage details, and a request for a release letter from the bank.
For a new apartment, the contract with the contractor, the technical specification and the draft guarantee.

Frequently asked questions about property transactions in Herzliya

Can I change the contract after I receive it?

In most cases, yes. A draft contract is a starting point for negotiation, and changes are common, especially in resale transactions. With a contractor, some clauses are harder to change, but it is still worth asking for corrections on the points that matter.

How long does a transaction take?

It varies. A resale transaction can be completed within a few months if the documents are in order, while a purchase from a contractor can take much longer because it depends on the stages of construction and registration.

Do I need to pay a deposit before signing?

Sometimes the parties agree on a payment at the signing of a memorandum of understanding. Because such a document can be binding, it is better to have it reviewed before you sign.

What happens if the seller or the contractor is late?

The contract should say what happens in case of a delay or a breach, including compensation and the right to cancel. Without clear clauses, it is harder to enforce your rights later.

This information is general and is not legal advice. The right steps depend on the facts of each case, so it is worth speaking with a real estate attorney in Herzliya about your transaction before you commit.

Special situations that call for extra care in Herzliya

Not every transaction is straightforward, and a few situations deserve extra attention. A real estate attorney in Herzliya will usually raise the following with you early on.

Property held by several owners

When a property is owned by more than one person, for example after an inheritance, every owner needs to sign, and the share of each owner should be clear from the registration. If there is a co-ownership agreement, it should be reviewed, because it may restrict the right of an owner to sell, or give the other owners a priority to buy.

Buying as an investment

An investor looks at different questions from someone who buys a home: the purchase tax rate on an additional apartment, the tax on rental income, the costs of holding the property, and the tax that may apply when selling it in the future. It is worth working these out before the purchase and not after it.

A building in an urban renewal project

A property in a building that is part of an urban renewal project (such as TAMA 38 or pinui-binui) may come with rights and obligations that pass to the buyer. The agreement signed with the developer, the stage of the project, and the guarantees given to the apartment owners should all be reviewed before you commit.

A sale by a company or a developer

When the seller is a company, you should check who is authorized to sign for it, whether the property is held as business inventory, and which tax certificates the company is required to present before the property is registered in your name.

A buyer who needs a mortgage

If you rely on a mortgage, the contract should leave enough time to receive the bank’s approval, and the payment schedule should match the dates on which the bank releases the funds. Review the offer from the bank together with the contract, since delays in one can affect the other.

Questions to ask before you hire an attorney

It is reasonable to ask a few direct questions before deciding who will represent you. Useful questions include:

Who will handle my file in practice, and how can I reach them?
What exactly does the service include, from the initial checks until the rights are registered?
How is the legal fee set, and are there services that are charged separately?
What experience does the attorney have with the type of transaction I am planning?
How will I be updated on the progress of the transaction?

A clear answer to each of these will help you understand what to expect. You are welcome to put the same questions to a real estate attorney in Herzliya when you contact the office.

How a real estate attorney in Herzliya can help

A real estate attorney in Herzliya checks the registration of the property and the rights of the seller.
A real estate attorney in Herzliya reviews the draft contract and proposes changes before you sign.
A real estate attorney in Herzliya explains the payment schedule and the conditions for releasing each payment.
A real estate attorney in Herzliya arranges the caution note that protects your payment.
A real estate attorney in Herzliya follows up on the removal of liens and the release of the seller’s mortgage.
A real estate attorney in Herzliya reviews the contractor’s guarantee and the technical specification.
A real estate attorney in Herzliya prepares the reports to the tax authorities and explains the taxes that apply.
A real estate attorney in Herzliya answers your questions during the process, from signing to registration.
A real estate attorney in Herzliya coordinates with the bank, the appraiser and the tax adviser when needed.
A real estate attorney in Herzliya follows the transaction until the rights are registered in your name.

Why use a real estate attorney in Herzliya

Before you sign, a real estate attorney in Herzliya checks the registered rights in the property, liens and caution notes, debts to the local authority and building permits. When you buy from a contractor, a real estate attorney in Herzliya also reviews the Sale Law guarantee, the technical specification and the payment schedule.

If you are planning a transaction in Herzliya, you are welcome to call Adv. Emanuel Trach at 055-2550011 and meet a real estate attorney in Herzliya by prior appointment at Yigal Alon 94, Tel Aviv.

Whether you buy or sell, a real estate attorney in Herzliya can explain the contract to you before you commit. Questions about registration, taxes or a contractor’s guarantee are best raised with a real estate attorney in Herzliya before signing. To discuss your transaction, you can contact a real estate attorney in Herzliya at 055-2550011. A real estate attorney in Herzliya can also review a draft agreement you have already received.

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