Real Estate Law
Kamal & Associates provides a wide range of real estate services for both its individual and corporate clients. Real estate law is ones of the biggest areas of practice in the firm, which has been witnessing significant growth in recent years. Our services include, but are not limited to:
Sale and Purchase Transactions: Whether it is purchasing your first house, selling your land in the village, or selling the shares in a family property that you inherited from your parent in Ramallah or Al-Bireh (or other locations), our firm will provide top notch legal advice to you from A – Z. This could include negotiation with the other party to maximize the value to the client, conducting due diligence to ensure that the client is getting what the client is signing on, representing the client in the transaction throughout closing and transferring the consideration (the money) or title deed to the client.
If requested, Kamal & Associates can also provide the client with a statement in English (or Arabic) that explain to the respective authorities the source of the funds transferred/to be transferred to the client’s bank account. This letter is usually requested by authorities in the northern hemisphere (especially in North America) to clear the funds (and prevent any suspicions about money laundry or terrorism financing), as well as to determine the tax treatment of such funds. This will ensure that the client will receive the funds without paying undue taxes.
Inheritance: Palestinians living in Palestine or abroad often inherit shares in properties located in Palestine that were owned by their parents/grandparents. Yet, the process of realizing the value of these shares can prove to be complicated to say the least. It also involves multiple processes and involvement of different authorities, including the respective land registration department, the competent family court (from which a succession order/hasir irth) is usually required), the respective municipality or village council and possibly the respective property tax department, as well as the other heirs and descendants (siblings, cousins, uncles/aunts, nephews/nieces….etc.).
Kamal & Associates’ attorneys possess the necessary knowledge, skills and experience to represent the client throughout these complex processes, rendering it a painless yet profitable experience. Our services could also include liaising with the client’s extended family members, issuing a succession order (hasir irth), putting the property on the market (if requested) and subsequent processes.
As explained earlier, if requested, Kamal & Associates can also provide the client with a statement in English (or Arabic) explaining to the official bodies how the funds sent/to be sent to the client were generated. This letter is usually requested by authorities in the northern hemisphere (especially in North America) to clear the funds (and prevent any suspicions about money laundry or terrorism financing), as well as to determine the tax treatment of such funds. This will ensure that the client will receive the funds without paying undue taxes.
- Succession Planning: Kamal & Associates has recently started providing succession planning services to its clients. This includes advising on wills, property distribution, tax advice, as well as on title transfers that the client may wish to occur after they pass away, among other areas. If instructed by the client, Kamal & Associates can realize the client’s instructions after he or she passes away.
Settlement (Tasweyeh) : In the last few years, the Palestinian Authority has started a process of settlement (tasweyeh) to properly register West Bank lands that were not registered during the British Mandate over or Jordanian rule of the West Bank. Unregistered lands and properties in the West Bank are believed to amount to no less than 60% of West Bank lands. The long overdue process involves property owners’ submission of ownership claims, submittal of oppositions against such claims (within a period of time specified by the law), examining such challenges by the competent court, and issuing judgments that determine ownership.
If not represented (or worse—misrepresented), property owners may lose their claims to their properties (or shares therein). This applies to property owners living in Palestine or abroad—though the statute of limitations with respect to landowners living in different locations vary by law.
Kamal & Associates has been advising on and representing clients in the Tasweyeh process to ensure that their claims to their properties are safeguarded and propertly registered.
- Real Estate Disputes: The litigation team at Kamal & Associates possesses demonstrated experience in representing clients in real estate disputes. This includes, among other things, real estate fraud, inheritance disputes, settlement (tasweyeh) disputes, sale revocation, disputes relating to irrevocable powers of attorney, etc.
- Putting Properties on the Market: If a property owner is unable or does not have the contacts (or time) needed to sell a property in the West Bank, Kamal & Associates can help in that. Once a buyer is identified and terms of sale are agreed upon, Kamal & Associates can represent the seller in the sale transaction throughout closing and payment of consideration.
- Property Division: Whether it is a land (or multiple lands) or a house that you inherited, or a joint property that you purchased with a friend and wish to divide, Kamal & Associates can help in that. Kamal & Associates’ Managing Partner Rasem Kamal’s experience in dividing multiple properties among heirs and descendants started in 1996. Since that year, Mr. Kamal has advised and represented clients in complex as well as straightforward real estate divisions processes. Today, Kamal & Associates is renowned for its demonstrated expertise in this complex arena.
- Property Management: Kamal & Associates provides ongoing property management services for its clients. Our services includes, but are not limited to, rent collection, management of the relationship with the tenants, conducting property appraisals (by subcontracting licensed appraisers), settlement of property and municipal taxes on time, issuing property title deeds, taking photos of the property whenever needed, contracting with professionals to undertake maintenance services, among other things.