Ilan Leibovitch & Co.Lawyer and real estate developer

What's not in the contract doesn't exist: a story from life, and a wake-up call for international real estate investors

July 19, 2025 · Adv. Ilan Leibovitch

Forget everything you thought you knew about real estate investments abroad. Here is a simple truth, the kind that pierces to the bone, that could change the course of your investments from end to end. If you are an international real estate investor, you might want to listen closely - because this story is not another inflated “success story,” but a harsh lesson from life itself, the kind that will make you talk about it with every investor you know.

I have been accompanying developers and investors for more than 20 years. Over 300 transactions, thousands of hours of consulting, and dozens of cases in which I saw dreams shatter to pieces because of one small mistake - a mistake that did not have to happen. The central lesson? It is so simple that it sounds like a cliché: “What's not in the contract simply doesn't exist!”

The illusion of promises over a cup of coffee

Uri's story is a glaring warning sign. Uri, a shrewd businessman in his field, decided to invest in an apartment in Romania. He met a real estate marketer - charismatic, with a winning smile and tempting stories about huge yields, dizzying appreciation, and rent that would cover everything and leave a nice surplus in his pocket. “Luxury kitchen,” “advanced air-conditioning system” - all of these were promised to him verbally, in a “cup of coffee” conversation, as the contract was being signed. Uri, who was very impressed by the marketer's self-confidence and his alluring promises, thought to himself: “Why pay a lawyer now? Everything sounds so perfect.” And he signed.

A few months later, when the apartment was supposed to be delivered, the naked truth was revealed: the kitchen was basic, the air conditioning standard, and the rent - significantly lower than promised. The marketer, who had been so friendly, vanished as if he had never been. The pleasant voices were replaced by a thundering silence.

Uri came to me worried, with a contract that contained none of the verbal promises. “But he told me!” Uri claimed painfully.

“What's not in the contract doesn't exist,” I repeated the mantra. “Every word that came out of his mouth, every glittering promise, if it wasn't recorded in black and white in the contract - it stayed outside it. That marketer prepared for the meeting. He knew exactly what to promise to get you to sign, and what to leave out so he would have no legal commitments.”

The trap called “fine print”

In Uri's contract, there was no reference to a detailed technical specification, to clear delivery times (with sanctions for failing to meet them), or to cancellation terms. As a result, he found himself helpless, with no legal grounds to demand what had been promised to him. Worse, when he asked to cancel the deal, he discovered that cancellation involved a significant financial loss, as stated in the fine print of the contract - fine print that Uri hadn't bothered to examine in depth before signing.

Street smarts (and lawyers' smarts)

Uri's story sharpens a critical point: an international real estate investment requires deep due diligence. Not only legal, but also financial and physical. When you set out, you must make sure all legal documents are examined carefully, that the economic aspects are analyzed in depth, and that someone inspects the property physically by means of local inspector reports. And another important piece of advice: make sure the dispute terms are set in Israel, so you won't have to run around between courts in foreign countries.

How to avoid Uri's mistakes:

When you meet with a developer or marketer, remember: the personal stories, the number of “deals done” or “satisfied customers” - none of these are relevant. What matters is:

  • Delivery time and specification: What exactly does the apartment's specification include? What happens if the developer doesn't meet the deadlines? (Hint: there must be sanctions).
  • Physical and registry data: The exact square footage of the apartment, its registration in the land registry, the existence of independent electricity and water meters.
  • Registration of the property in your name: Make sure the property is properly registered in your name and without delays.
  • Cancellation terms: Understand well what the cancellation terms are, how much you will lose in case of cancellation, and whether it is possible to cancel at all (preferably as flexible as possible).
  • Place of legal proceedings: Try to have any dispute heard in Israel. Do not compromise on this.

A safe bridge to success

My goal, and the goal of every professional lawyer, is to protect your investments. An international real estate investment holds enormous potential, but also many risks. Don't skimp on a preliminary legal check. It is the most worthwhile investment you will make - your shield against future losses and unexpected expenses.

Remember, what's not in the contract doesn't exist. Don't take unnecessary risks. Share this story. Tell it to friends, to family, to other investors. Because the more people understand this simple rule, the fewer will fall into the trap of empty promises.

And now, after reading this, who are you going to talk to about it?

Stories are based on real situations, with identifying details changed. Not legal advice.

Translated from the Hebrew original. עברית

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