A recent ruling was given in the field of real estate following a dispute surrounding the question of “who is responsible for the betterment levy due to building rights granted at the buyer’s request after concluding the agreement, and which constitutes realization of “stipulated rights” in the town plan that was validated prior to concluding the agreement”.
The court accepted our firm’s arguments, representing the sellers on the transaction and determined that despite the fact that the article in the sales agreement determined that the betterment levy for plans that were validated prior to concluding the agreement apply to the seller, when discussing “stipulated rights” included in the plans, the fact that the agreement has no referrence to them signifies that the parties did not take them into account and the sellers did not take upon themselves to bear the betterment levy for them. In addition, the court accepted our argument that the sellers could not have included the value of the stipulated rights in determining the contractual proceed, as they could not  have known what rights the buyer would apply for and what would eventually be approved.
The ruling leads to the conclusion that in land sales agreements reference shouldbe made in the betterment levy articles to the subject of “stipulated rights” in plans and to identify who will bear them.

The sellers were represented by lawyers Michal Efrat-Alperin and Dorit Zoldan, partners at our firm.
To the review: Walla!