Can a foreign buyer register a caution note (hearat azhara) before completing an Israeli property purchase?

A hearat azhara is a notice under Sections 126 and 127 of the Land Law recording that the registered owner has committed in writing to carry out, or to refrain from, a transaction in the property. Once the note is entered, the Registrar will not register a later conflicting transaction without the noteholder's consent, and Section 127 provides that a right registered after the note generally cannot defeat the protected buyer, even in the owner's insolvency. The buyer's lawyer files the note together with the signed purchase agreement and the owner's written consent. It is not ownership; it is a priority-securing placeholder that ripens into full title once payment, tax clearances, and registration are complete.

For a non-resident buying off-plan or paying in installments, the caution note is what stands between you and a seller who tries to sell the same apartment twice or who runs into creditors. Insist the note is registered within days of signing, not at closing, and confirm it appears on the Tabu extract (nesach tabu) before releasing significant funds. Where the property is held through the Israel Land Authority or a housing company rather than the Tabu, the equivalent protection is recorded with that body instead, so your lawyer must identify the correct registry first. Budget a modest registration fee and expect to provide a notarized power of attorney if you cannot sign in Israel. Our guide to property purchase agreements in Israel explains how the note fits the wider deal.

From the full guide: Property Purchase Agreements in Israel

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