{"id":2109,"date":"2026-10-29T09:26:35","date_gmt":"2026-10-29T09:26:35","guid":{"rendered":"https:\/\/ekw.co.il\/?p=2109"},"modified":"2026-10-29T09:26:35","modified_gmt":"2026-10-29T09:26:35","slug":"enhanced-guarantees-under-the-sale-law-in-evacuation-and-reconstruction-projects-what-additional-protection-do-they-provide-to-apartment-owners","status":"publish","type":"post","link":"https:\/\/ekw.co.il\/en\/enhanced-guarantees-under-the-sale-law-in-evacuation-and-reconstruction-projects-what-additional-protection-do-they-provide-to-apartment-owners\/","title":{"rendered":"Enhanced Guarantees under the Sale Law in Evacuation and Reconstruction Projects \u2013 What Additional Protection Do They Provide to Apartment Owners?"},"content":{"rendered":"

In urban renewal projects involving evacuation and reconstruction (Pinui-Binui<\/em>), apartment owners surrender their most valuable asset – their existing apartment – in reliance on the developer\u2019s undertaking to construct a new apartment for them. However, between the demolition of the old building and the receipt of the new apartments, unforeseen events may occur, including the developer\u2019s financial difficulties, suspension of construction works, or inability to complete the project.<\/p>\n

To address these risks, evacuation and reconstruction agreements include security mechanisms intended to protect apartment owners. One of the principal forms of security is a guarantee under the Sale Law. It is important to know that, alongside the standard guarantee, it is possible, in appropriate cases, to negotiate an enhanced guarantee under the Sale Law intended to expand the protection afforded to apartment owners.<\/p>\n

What Is a Guarantee under the Sale Law, and What Does the Law Provide?<\/strong><\/p>\n

The Sale Law (Apartments) (Assurance of Investments of Purchasers of Apartments), 1974 (hereinafter: the “Sale Law”), is intended to protect funds paid by an apartment purchaser to a developer or seller in cases where concerns arise that the purchaser will not receive the apartment in accordance with the agreement.<\/p>\n

The Sale Law is intended to protect funds paid by an apartment purchaser. Section 2 of the Law limits the amounts a seller may receive without providing security and allows the purchaser\u2019s funds to be secured. The Sale Law provides several means of securing the purchaser\u2019s funds, one of the most prominent and commonly used of which is a bank guarantee.<\/p>\n

A guarantee under the Sale Law does not provide a remedy for every breach of the agreement. Rather, it may be enforced in the circumstances defined by law and under the terms of the guarantee, including certain insolvency-related situations or circumstances in which delivery of possession of the apartment is rendered entirely impossible.<\/p>\n

What Does This Mean in an Evacuation and Reconstruction Project?<\/strong><\/p>\n

In urban renewal projects, apartment owners do not purchase a new apartment by paying monetary consideration. Instead, they transfer their rights in their existing apartments in consideration for receiving new apartments. Accordingly, the applicability of the Law to the specific transaction and the contractual provisions established therein must be examined. In practice, evacuation and reconstruction agreements commonly provide for a guarantee known as a \u201cguarantee under the Sale Law,\u201d in an amount corresponding to the value of the new apartment to be received by the apartment owner, intended to secure the value of the new apartment to which the apartment owners are entitled.<\/p>\n

What Is an Enhanced Guarantee under the Sale Law?<\/strong><\/p>\n

An enhanced guarantee under the Sale Law is not a term appearing in the Law, but rather a designation for a contractual mechanism intended to provide apartment owners with broader protection than that afforded by a standard guarantee. Its terms and contents are formulated in accordance with the contractual arrangements between the original apartment owners and the developer constructing the project, subject to the approval of the entity issuing the guarantee. It generally provides additional protections beyond those contained in the standard guarantee.<\/p>\n

The difference may be reflected in two principal respects:<\/p>\n

(1) Scope of the security:<\/strong> It is necessary to examine whether the amount of the guarantee reflects the value of the new apartment in accordance with the mechanism established in the agreement, and whether it includes the components the parties intended to secure.<\/p>\n

(2) Conditions for enforcement of the guarantee:<\/strong> This is the principal distinction. Whereas a standard guarantee is subject to the grounds for enforcement stipulated therein and under applicable law, an enhanced guarantee may include additional contractual grounds for enforcement intended to address other scenarios in which the project encounters difficulties.<\/p>\n

For example, negotiations may be conducted to incorporate provisions that extend protection to apartment owners in cases involving a prolonged suspension of construction works or exceptional delays in the progress of the project.<\/p>\n

It is important to emphasize that this does not mean that every enhanced guarantee may be enforced following a delay or suspension of construction works. The actual protection depends on the binding wording of the guarantee and the conditions stipulated therein.<\/p>\n

How Does an Enhanced Guarantee Assist Apartment Owners?<\/strong><\/p>\n

The principal advantage of an enhanced guarantee is the possibility of narrowing the gap between the risks faced by apartment owners and the conditions under which they may enforce the security intended to protect them.<\/p>\n

First, it may provide broader protection against failure scenarios, insofar as additional and clearly defined grounds for enforcement have been established.<\/p>\n

Second, it allows the parties to determine in advance what will happen if the project is halted after the building has been demolished, when the apartment owners can no longer return to their former apartments. Establishing clear mechanisms in advance may reduce uncertainty and disputes in the event of a crisis.<\/p>\n

Third, negotiating the terms of the guarantee requires an in-depth examination of the risks associated with the project and the manner in which apartment owners may be protected against them. This reinforces the importance of legal review at a stage when the contractual protection mechanisms can still be formulated.<\/p>\n

An Enhanced Guarantee Is Not a Substitute for the Full Range of Security Arrangements<\/strong><\/p>\n

Even an enhanced guarantee does not ensure that the project will be completed and does not necessarily cover every loss sustained by apartment owners. Accordingly, the amount of the guarantee, the grounds for enforcement, the duration of the guarantee, and the identity of the issuer must be examined.<\/p>\n

In addition, it must be ensured that appropriate security arrangements exist for other project-related risks, including payment of rent during the relocation period, tax liabilities, and completion of the registration of rights in the new apartments. Each form of security is intended to protect a different interest; therefore, a guarantee under the Sale Law should not be regarded as a substitute for the additional guarantees.<\/p>\n

An Enhanced Guarantee Does Not Necessarily Improve or Facilitate Enforcement<\/strong><\/p>\n

Alongside the clear advantages of obtaining an enhanced guarantee under the Sale Law, there are also disadvantages that must be taken into account. The addition of grounds for enforcement does not guarantee that the guarantee can be enforced easily, as such grounds may be subject to cumulative conditions, documentary requirements, and legal proceedings that may delay receipt of the funds.<\/p>\n

An enhanced guarantee may also fail to address all the risks associated with the project, despite comprehensive negotiations and efforts to take into account all the risks inherent in the specific urban renewal project.<\/p>\n

A bank guarantee necessarily involves the project\u2019s financing bank. Expanding the protection may be subject to conditions and limitations imposed by the bank or insurer. Accordingly, the designation \u201cenhanced guarantee\u201d does not necessarily indicate a more effective guarantee. All its provisions must be examined and compared with those of the standard guarantee, including the scope of coverage, the conditions for enforcement, and the duration of its validity.<\/p>\n

Recent Case Law: The Importance of Expanding Protection for Apartment Owners in Urban Renewal Projects<\/strong><\/p>\n

In a decision dated August 23, 2026, in Mikhlool Real Estate Finance Ltd. et al. v. Y. Huyberger Entrepreneurship Ltd. et al.<\/em> (Insolvency Proceedings No. 46530-04-26), the Honorable Judge Noa Grossman of the Tel Aviv – Jaffa District Court considered an application by apartment purchasers in a TAMA 38\/1 project that had encountered difficulties, seeking to rescind their transactions and enforce the guarantees under the Sale Law issued to them. The project had suffered significant delays, encountered a crisis, and a receiver had been appointed for the purpose of completing construction.<\/p>\n

The decision illustrates the difficulties faced by apartment purchasers when a project encounters a crisis: even if construction may be completed in the future, this does not necessarily address the financial harm and uncertainty they experience. In this context, the decision highlights the importance of examining the protection afforded by a guarantee not only in the event of the project\u2019s complete collapse, but also in situations where its continued implementation is significantly delayed.<\/p>\n

This insight is particularly relevant to evacuation and reconstruction projects, in which apartment owners surrender their existing apartments and may have no possibility of returning to them if the project is halted. An enhanced guarantee under the Sale Law may provide additional protection against these risks, insofar as appropriate grounds for enforcement are expressly stipulated and agreed upon with the issuing entity. However, the designation \u201cenhanced\u201d is insufficient: it must be ensured that the requested extensions are incorporated into the guarantee instrument itself and that the conditions for enforcement are clear and practical. The decision does not establish that every delay entitles a beneficiary to enforce the guarantee, but it illustrates why protection mechanisms should be examined and planned at the negotiation stage, rather than relying solely on the fact that a guarantee has been obtained.<\/p>\n

Conclusion<\/strong><\/p>\n

In evacuation and reconstruction projects, examining the guarantees provided to apartment owners is a key component of protecting their rights and reducing their exposure to project-related risks. An enhanced guarantee under the Sale Law may strengthen this protection by tailoring the scope of the security and the conditions for its enforcement to the specific risks associated with the transaction.<\/p>\n

However, the designation \u201cenhanced guarantee\u201d is insufficient in itself. The wording of the guarantee, the grounds for enforcement, and the duration of the guarantee must be carefully examined. Precise legal planning of the security mechanisms at the negotiation stage may make the difference between a general contractual undertaking and an effective protection mechanism in the event of a crisis, providing apartment owners with greater certainty and security as they seek to receive their new apartments.<\/p>\n

For Further Information, Please Contact:<\/p>\n

\n\n\n\n\n\n
Hanan Efraim, Adv.<\/span><\/td>\nAmit Kovos, Adv.<\/td>\n<\/tr>\n
\u05de\u05e9\u05e8\u05d3: 03-691-6600<\/td>\n\u05de\u05e9\u05e8\u05d3: 03-691-6600<\/td>\n<\/tr>\n
Email: hanan@ekw.co.il<\/a><\/td>\nEmail: amit@ekw.co.il<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\n

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