An Independent Lawyer or the Marketer's Lawyer: Why a Buyer Abroad Needs Their Own Representation

Anyone looking for a property abroad through a marketing company, a developer or a broker usually receives a full package: a property, financing, management, and sometimes also "a lawyer who accompanies the transaction". It is convenient, and sometimes that lawyer is highly professional. But the question is not whether they are professional. The question is whom they represent. This guide explains why the buyer needs their own lawyer, what an independent lawyer checks that the other side will not check for you, what the local notary's role is, and how to choose a lawyer for a transaction abroad.

1Does the marketer's or developer's lawyer also represent the buyer?

No. A lawyer owes their duty to their client, that is, to whoever hires them. Rule 14 of the Israel Bar Association (Professional Ethics) Rules provides that a lawyer shall not represent parties with conflicting interests in the same matter, and the Code of Conduct of the CCBE, the Council of Bars and Law Societies of Europe, sets a similar principle. In a sale, the buyer and the seller have built-in conflicting interests: the price, the payment schedule, the handover date, liability for defects and remedies on breach.

In transactions abroad the conflict of interest is less visible than in Israel. The lawyer is presented as "the transaction's lawyer", their fee is paid out of the price or by the marketer, and sometimes they even recommend the property. They can be entirely honest and still not be working for you. If they find a problem, their duty is to whoever hired them.

2Who pays whom in a typical transaction abroad?

A typical transaction involves several professionals, and each has someone who pays them. In most cases, whoever pays decides to whom they owe their duty:

A commission on the sale is not improper in itself, nor is representing a developer. The problem starts when that same party is presented to the buyer as the one looking out for them. When someone tells you "there is already a lawyer on the deal", ask whose lawyer it is.

3Does the local notary protect the buyer?

Only in a limited sense. In Romania, Greece, Italy and Portugal, as in most civil-law countries, the notary is a public office-holder. They draft or authenticate the deed of sale, verify the parties' identity, check the registration status, collect certain taxes and send the transaction for registration. In Romania, under Article 1244 of the Civil Code, an agreement transferring a right in real estate that is entered in the land book must be signed as an authentic deed before a notary.

But the notary is neutral and does not represent you. They are responsible for the document being lawful, not for the terms being good for you. They do not check whether the price is fair, whether the developer is stable, whether what was built on site matches the permit, or what the transaction means in Israel. In Greece, for example, the in-depth check of title and encumbrances is the job of the buyer's lawyer, and the legality of the construction is confirmed by an engineer's certificate. In a developer transaction the draft often comes from the developer, and the notary only makes sure it has no legal defect.

The notary's role in each country is set out in the guide to the Romanian notary and in the guide to the notary, lawyer and engineer in Greece.

4What does an independent lawyer check that the other side's lawyer will not check for you?

The seller's lawyer may check the same documents, but they will not look in them for what weakens their client. A lawyer acting for the buyer looks for exactly that:

1. The right you receive. What will be registered in your name: an identified unit in the land registry, shares in a company or only a contractual right.
2. Encumbrances and restrictions. The developer's mortgage on the land, attachments, pending proceedings and third-party rights, and the mechanism for releasing your unit.
3. Permits and legality of construction. Whether there is a valid permit, whether what was built matches it, and whether an approval is missing without which you cannot register, finance or sell.
4. The money trail. Which account you pay into, whether payments are tied to construction stages that can be verified, and what happens to the money if the developer fails.
5. Handover date and remedies. From when compensation for delay runs, when a right to cancel arises, and whether the deposit is returned.
6. Your right to buy. Restrictions on non-EU buyers: land in Romania and Bulgaria, the Council of Ministers permit in Cyprus, border areas in Greece.
7. The jurisdiction clause and governing law. Where a dispute will be heard and in which forum. A short clause at the end of the contract with large consequences.
8. The Israeli side. The holding structure, reporting and tax in Israel, a power of attorney and documents from Israel.

In Romania, for example, the buyer's lawyer checks before the first payment the registered permit, the unit's land registry extract and the dedicated account required under Law 207/2025. We expanded on this in the guide to who protects the buyer in a developer transaction in Romania.

5What does not checking cost? Examples from practice

The common problems are not dramatic, and they recur in different countries. The examples here are general and do not describe any particular case:

• A deposit paid before a title check. A preliminary agreement without conditions precedent may bind the buyer even when a mortgage is discovered, and a deposit paid under it may be lost if the buyer withdraws.
• A unit that remained mortgaged to the developer's bank. The buyer paid the full price, but no mechanism was agreed in advance to release the apartment from the mortgage, so there is no registration.
• An addition built without a permit. A closed balcony or a rooftop room not included in the permit. In Greece a property with unregularised violations may not be transferred, and in other countries the problem surfaces when you try to finance or sell.
• Land that cannot be registered in the buyer's name. In Romania and Bulgaria an Israeli without an EU passport does not hold land in their own name, and a structure not planned in advance requires a costly fix.
• A structure that creates unnecessary tax in Israel. A foreign company managed from Israel, or a tax track chosen by default, may make holding the property more expensive.

In all these examples the problem was visible in the documents before signing. A problem discovered before signing is a matter for negotiation or an orderly parting of ways. A problem discovered after signing is a dispute, sometimes in a foreign court and in a foreign language.

6How do you choose a lawyer for buying property abroad? Questions worth asking

There is no objective ranking of "the recommended lawyer" for property abroad, but there are questions any buyer can ask any lawyer, and compare the answers:

1. Who pays you? The answer should be: the buyer only. Ask for it in writing.
2. Do you or your firm represent, now or in the past, the developer, seller, marketer or broker in this transaction?
3. Do you receive a commission, referral fee or any payment from any party to the transaction other than me?
4. Who is the lawyer licensed in the country of the property? Only a lawyer licensed there signs opinions on local law and appears in court. In Romania, under Law 51/1995, only someone registered with a bar that is a member of UNBR may practise.
5. What exactly is included, and what is not? Title check, developer check, preliminary contract, signing, registration, and what about financing, litigation and tax.
6. What is the deliverable? A written due diligence report, in which language and by when, not "everything is fine" over the phone.
7. What do you pay if the check reveals a problem and you decide to stop? A fee that depends only on closing creates an incentive to close.
8. Who handles the Israeli side? Power of attorney, apostille, and coordination with your tax adviser in Israel.

Warning signs: a promise of a return or of a "risk-free deal", refusal to give a scope of work in writing, pressure to pay a deposit before the check is complete, and a vague answer to the question of who signs the report. The full criteria and fee models are set out in the guide to choosing an international real estate lawyer, and for Romania in the guide to choosing a lawyer for buying property in Romania.

7What does an Israeli lawyer do alongside the local lawyer?

An Israeli lawyer who is not registered in the country of the property does not sign opinions on foreign law. Their role is complementary: they explain in Hebrew what the contract says and what is missing from it, coordinate between the local lawyer, the notary and the bank, prepare the documents from Israel and connect the transaction to the tax adviser. They are also subject to the Israel Bar Association, and can be approached here.

A practical point: in Romania, a power of attorney signed in Israel for a real estate transaction is signed only before the Romanian consul. The power of attorney is given to whoever represents you, not to the other side or someone they chose. We expanded on the differences between a transaction abroad and one in Israel in the guide to why a property deal abroad needs a lawyer experienced in cross-border transactions.

8When should you bring an independent lawyer into the transaction?

Before the first payment. In Romania, Law 207/2025 limits the reservation agreement to 5% of the price and to 60 days, and in that period you need to check the developer, the land and the permits. In other countries the preliminary agreement is already binding, and sometimes a deposit paid under it is lost if the buyer withdraws. The later the lawyer joins, the less there is left for them to change.

9Before you sign: what we recommend

Choose a lawyer you hire and pay, get a written conflict-of-interest declaration and scope of work from them, and make sure a lawyer licensed in the country of the property works alongside them. When we assist Israeli buyers, we represent the buyer only, work alongside locally licensed lawyers and notaries, and check for conflicts of interest before starting.

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