Ilan Leibovitch & Co.Lawyer and real estate developer
GeneralRisks and pitfalls

Bargain Real Estate Deals Abroad - Real Opportunity or Trap?

Bargain real estate deals abroad: why a low price is a question, not an answer, which due diligence checks are essential, and how to avoid a loss before signing.

By Adv. Ilan LeibovitchPublished: 4 min read
Risks and pitfallsPl. VI

In brief

A price below market value in overseas real estate is a symptom, not proof of an opportunity: you need to find out why the property is being offered at that price. Such a deal becomes a trap when the focus is on the entry price rather than on examining every component of the transaction, or when the project's complexity exceeds the buyer's ability to execute it.

Key takeaways

  1. 1A low price is always a question, not an answer - look for the reason behind it before anything else.
  2. 2Even when the property's data is sound, you can still lose money if the project's complexity exceeds the buyer's ability to execute it.
  3. 3Due diligence covers ownership and registration, the planning and regulatory position, a full economic analysis, an analysis of the surroundings and demand, and independent legal counsel.
  4. 4The lawyer who accompanies you must be yours alone, not the marketer's or the selling developer's.
  5. 5A loss on a bargain deal almost always stems from focusing on the entry price at the expense of examining every component of the transaction.

Is a price below market value abroad really a bargain?

Not necessarily. International markets offer real estate opportunities that are hard to find in Israel - high yields, low prices and significant development potential - but the distance between a genuine opportunity and an expensive trap is sometimes a single question that was not asked before signing. A property purchased abroad below market price is, by definition, a bargain deal, but the low price is always a question and not an answer. It is the symptom, and the cause is what you must look for.

There are entirely legitimate cases in which a property is sold below market: an urgent inheritance, the dissolution of a partnership, or a temporary liquidity problem on the seller's side. These are good deals, and a thorough check will confirm it.

Often, however, a low price is the result of real problems:

  • A complex and protracted planning process
  • Unresolved ownership disputes
  • Debts encumbering the property
  • Infrastructure that has not yet reached the area
  • A market that has cooled and sellers who have tried to exit it

Any one of these, on its own, can turn a bargain deal into a loss-making project. That is why the first and most important recommendation is: do not be tempted by the price, and always ask - why is this property being offered at this price?

Even when the property's data is sound, you can still lose money if the project's complexity exceeds the buyer's ability to execute it.

Key takeaways

Does the project match your ability to execute it?

Even if all of the property's data is sound, you can still lose money on the deal, and the reason lies in the gap between the project's complexity and the buyer's ability to execute it.

A local developer who knows his market, the planning procedures, the building contractors, the regulation and the centers of power within the authorities can handle a complex project at a high standard of execution. An Israeli developer entering the same project from thousands of kilometers away, without in-depth familiarity with the local system, is exposed to risks that are hard to price in advance: unexpected delays, cost overruns, difficulties managing suppliers remotely, and information gaps that accumulate into financial damage.

Before entering a deal, it is important to ask: does this project suit my capabilities? Do I have the team, the experience and the resources to execute it, and not merely to buy it?

Leibovitch & Co.

What must you check before any international real estate investment?

Due diligence is not a formality, but the difference between a successful investment and money that disappears. These are the components you must not skip:

  1. Ownership and registration status: Is the property lawfully registered in the seller's name, and are there any attachments, liens, debts or ownership disputes? In Romania, for example, checking the registration with the notary's office and the local land registry is a basic condition for any transaction.
  2. The planning and regulatory position: What does the local planning law permit you to do with the property, are additional permits required, how long is the expected approval process, and are there any unregularized building violations? All of these directly affect the timetable, the project's costs and the final sale value.
  3. A full and realistic economic analysis: A calculation "on paper" is only a starting point. A genuine analysis includes purchase costs and taxation, realistic planning and construction costs including overruns, ongoing maintenance costs, tax on income and on sale, and a sales forecast based on actual demand rather than marketing promises.
  4. Analysis of the surroundings and demand: Who lives in the area, what is the level of rental demand, and are there future infrastructure plans that will raise or lower the property's value? An international real estate investment is also a bet on the surroundings, not only on the property.
  5. Independent, professional legal counsel: The lawyer who accompanies you must be yours alone - not the marketer's, not the selling developer's and not the project's. A lawyer who represents both sides, or who was recruited by the selling side, is an inherent conflict of interest. Israeli legal counsel specializing in international real estate, coordinating with local lawyers on your behalf in the destination country, is a basic condition for any transaction and not a bonus.

How does a bargain deal turn out to be a loss?

The common scenario: a developer buys a property below market price, completes long and complex planning and construction, and ultimately sells the project at a price that does not cover the total investment. The result is a financial loss, a waste of time and resources, and sometimes damage to reputation as well.

The reason is almost always the same: focusing on the entry price at the expense of examining every component of the transaction. A bargain price paid without a full understanding of the required costs, the realistic timetables and the complexity of execution is not a bargain. It is the starting point of a problem.

What is the guiding rule, and what should you do before signing?

The guiding rule: examine every component of the transaction, not only the price. International real estate markets - Romania, Greece, Cyprus, Portugal, Bulgaria, the United States and others - are full of real opportunities. The difference between those who exploit them successfully and those who lose does not depend on luck, or even on the property chosen, but on preparation.

A successful international real estate investment is built on in-depth knowledge of the local market, a thorough due diligence of the specific property, a realistic economic analysis and a professional legal and business team that works solely for your benefit. The opportunity does not run away from those who know what they are doing - it waits for them.

General information, not legal advice

The contents of this article are general information only and do not constitute legal advice, tax advice or an investment recommendation. Laws and tax rates in foreign countries may change, and specific circumstances may affect how they apply to a given case. Before any investment decision or legal action, it is advisable to obtain advice tailored to your case.

Frequently asked questions

Why is a property abroad sold below market price?

There are legitimate reasons, such as an urgent inheritance, the dissolution of a partnership or a temporary liquidity problem on the seller's side. Often, though, the reason is a real problem: a complex planning process, ownership disputes, debts on the property, missing infrastructure or a market that has cooled.

What must you check before an international real estate investment?

Ownership and registration status, the planning and regulatory position, a full and realistic economic analysis, an analysis of the surroundings and demand, and independent, professional legal counsel.

Why is it important for the lawyer to be independent?

A lawyer who represents both sides, or who was recruited by the selling side, is in an inherent conflict of interest. The lawyer who accompanies you must be yours alone, not the marketer's, the selling developer's or the project's.

How does a bargain deal turn into a loss?

Usually when the focus is on the entry price rather than on examining every component of the transaction, so that costs, timetables and execution complexity are not priced correctly and the project is sold at a price that does not cover the investment.

Read next · 9 min readTitle Insurance and Escrow in a US Transaction: What Protects You and What Does NotTitle insurance and escrow in the US: what the owner's policy covers, exceptions to check, how the escrow account works and how to defend against wire fraud.Read the guide

The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.

Let’s start with a conversation.

A sound international transaction begins long before signing. A short introductory call will clarify whether, and how, we are the right firm to support you.

Office
7 Hanafat HaDegel St., Ness Ziona, Israel
Bucharest
Bucharest, Romania
  • Hebrew · Romanian · English
  • Tel Aviv · Bucharest
  • Online meetings