Written by Adv. Dan Avisar
TAMA 38: Ten Commandments for Tenants By Dan Avisar Attorney and Notary These are the Ten Commandments for apartment owners who are considering entering into an agreement with an entrepreneur or contractor in a 38A transaction.
1. Check all the relevant information regarding an entrepreneur or contractor that offers you a deal: He has previous experience in construction, asked to see buildings he built, asked for recommendations, checked his financial strength, checked whether there were any lawsuits or court cases against him, did he return checks.
2. Be sure to include a detailed and professional contract that protects your rights
3. Make sure to attach to the contract detailed technical specifications and consult the specification with professionals (architect or engineer).
4. Be sure to get the appropriate bank guarantees from the developer
5. Make sure that the entrepreneur makes appropriate insurance It is advisable to consult with an insurance consultant
6. Require collateral that the entrepreneur will pay all the taxes and levies that apply to the transaction Please note that the exemption from betterment tax and betterment tax are only partial In most transactions, there is a liability for betterment tax and betterment tax (especially for rights that do not derive from 38A, such as exit rooms to the roof and rights under a local town plan that allows for an additional floor in some cities). Praise be to you, the legal liability is yours and if he does not pay with his own hands, the tax authorities will demand that you pay and not hesitate Take collection proceedings such as liens on bank accounts, salaries, vehicles and the like “
7 Be sure to bring a clear framework contract schedule of the permit, to carry out the construction and completion of the construction.
8. Do not agree to the subjugation of the roof and the building rights to the bank or to apartment purchasers without receiving appropriate guarantees and collateral.
10. Be sure to employ a professional and skilled construction supervisor (engineer, architect, etc.) who will supervise the construction on your behalf.