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Can the buyer and seller use the same lawyer in an Israeli property purchase?

Technically yes, but it is rarely wise. Israeli law permits one lawyer to represent both buyer and seller only with the informed written consent of both parties and where no genuine conflict of interest exists, under the Bar Association's Rules of Professional Ethics 5746-1986. Because the two sides have opposing interests on price, warranties, escrow, and default remedies, a foreign buyer should retain independent counsel. In new-build deals the developer's lawyer handles registration but represents the developer, not the buyer.

The starting point is the duty of loyalty. The Bar Association Law (Chamber of Advocates Law) 5721-1961 and the Rules of Professional Ethics 5746-1986 forbid a lawyer from acting where there is a conflict of interest between two clients. Dual representation in a sale is allowed only as a narrow exception: both buyer and seller must give informed written consent, the lawyer must explain the risks, and the lawyer must withdraw the moment a real dispute arises over the contract. At that point neither side has a lawyer who knows the file, which is exactly when representation matters most. The Israel Bar Association handles disciplinary complaints when these rules are breached.

Two situations confuse foreign buyers most. First, in a purchase from a developer the contract usually requires the buyer to pay the developer's lawyer a registration fee, but that lawyer represents the developer and owes no advisory duty to the buyer on the contract terms. Second, in a private resale the parties sometimes share one lawyer to save cost, which leaves the buyer with nobody independently checking the title, liens, and contract before funds are released. A foreign buyer dealing from abroad, with no easy way to inspect the property or the Land Registry personally, gains the most from a dedicated lawyer who runs due diligence, holds funds in escrow, and registers the cautionary note.

⚖ In Practice
  • Governing law: Bar Association Law (Chamber of Advocates Law) 5721-1961; Rules of Professional Ethics 5746-1986 (conflict of interest)
  • Competent authority: Israel Bar Association (Lishkat Orchei HaDin), which handles disciplinary complaints
  • Dual representation: permitted only with informed written consent of both parties and where no actual conflict exists
  • New-build caveat: the developer's lawyer represents the developer; the buyer's registration fee does not create a lawyer-client relationship for the buyer
  • Recommended: an independent buyer's lawyer for Land Registry (Tabu) checks, contract review, escrow, and the cautionary note
  • Typical buyer's legal fee: approximately 0.5%–1% of the price plus VAT (2026)

From the full guide: Buying Property in Israel as a Non-Resident: Step-by-Step

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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