Reading the "Small Print"

The problem is not only the small print itself, but that we are asked to make dozens or more types of contracts every year that we may not even be aware are contracts by law.

The contractual law stipulates that there are three types of contracts and they are all valid with a few exceptions¹:

1. Oral
2. Written
3. Any other form of contract²

We are asked to sign here and there everywhere we go: at the bank, cell phone company, the Gym, to rent a house, in a hospital and also if we need the service of a lawyer.

Companies in Israel “love” to make you a sign a long term contract. Avoid it at any cost, at least for the first time before you personally know how the company serves their clients AFTER they sign (because in general they are all nice to you UNTIL you sign).

In the Internet age, it is so easy to find any kind of contract and for free! It is tempting to use a template, but remember that they are created as an “example” only and you must be sure to make it to suit you and your particular case.

Every year we deal with new immigrants using these kinds of contracts and ending in court because the landlord did not provide this or that or (it is the usual problem) refuse to fix this or that because nothing was stipulated in the contract.

One peculiar problem concerning new immigrants in a rental contract is the termination of the contract. We strongly advise you to have some kind of release or early termination in a contract.

One never knows as a new immigrant if the city he just chose to live in is the best for him. Another problem that happens often is that a new immigrant will need to relocate if he finally finds his dream job. In this case he will be bound to the contract and it could be for a long period.

Do not be tempted by any Real Estate Agent pushing to make you sign some contract they wrote or have from a previous transaction. Do not be tempted to receive their “free advice” about a contract. They may be good professionals in their field but they are not lawyers. Any attempt by an agent to formulate a contract is a crime in Israel. Be aware of it.

We offer you a free service. You can fax your rental contract and we will check it out for you. If it is determined that the contract doesn`t represent your desires, we will help you if it is possible to make the necessary changes on it.

Sincerely,

Tzvi Szajnbrum, Attorney at Law

¹    Such as: Buying real estate. In this case the contract MUST be a written contract and only a written one.

²    As in the diamond business where “shaking hands” seals a contract.