Gal, a Partner in the Litigation Department, specialize in representing clients in complex commercial and business litigation.
Gal advises local and foreign corporations and private clients during commercial and business lawsuits encompassing a broad range of complex legal disputes, including shareholder disputes, takeover battles, contracts, antitrust, intellectual property, international law and more.
Gal’s legal advice includes formulating a legal strategy that is tailored to the client’s needs, and representing the client in all judicial instances, both in courts and during arbitration and mediation proceedings.
Gal has extensive experience in counseling and representing clients during complex major project disputes, particularly disputes arising in infrastructure projects. Clients include concessionaires, EPC contractors, O&M contractors etc.
Haifa University (LL.B), 2009
Member of Israel Bar Association since 2010
News and updates - Gal Livshits:
Legislative Amendment Enables Filing Claims against Foreign Entities in Israel
A recently promulgated memorandum of law to amend judicial procedures proposes to add the possibility of filing claims against foreign entities in Israel for damage they caused in Israel as a result of acts or omissions performed outside of Israel.
All You Need to Know about Receiving Brokerage Fees in a Transaction
Congratulations! You made the introduction between the seller and the buyer and the deal was fully completed. Now all that remains is to ensure you actually receive the brokerage fee you are entitled to.
Here are a few rules of thumb to make it easier for you to receive the brokerage fee payment and to make it harder for your clients to evade such payment.
- Valid Real Estate Broker’s License
First of all, you must be diligent about maintaining a valid real estate broker’s license.
If you haven’t paid the annual fee on time (by March 31), you are not allowed to practice as a real estate broker. This will apply until you pay the fee, plus interest and linkage differentials. In this regard, the courts have ruled that even if a broker renewed his/her brokerage license and paid the fee later, the broker is still not entitled to receive brokerage fees for brokerage performed during the period when the license was not in force due to such nonpayment.
- Signed Written Brokerage Agreement
Make sure you have a signed brokerage agreement with the client relating to the specific property. The brokerage agreement must include at least the following details:
(1) Names, addresses, and ID numbers of the broker and the client;
(2) The type of transaction the broker was asked to facilitate, such as rental or sale;
(3) A description of the property for which brokerage is being sought;
(4) An assessment of the price of the requested transaction; and
(5) The agreed rate of the brokerage fee, and whether the price includes VAT.
These requirements are determined in the legislation. Therefore, their absence could influence the broker's ability to collect the brokerage fee. The courts have ruled in this regard that there are instances in which it is possible to consider accepting the absence of particular details in an existing brokerage agreement, as long as there was no uncertainty between the parties in relation to those details. However, the courts ruled that it is difficult to conceive of a situation in which it would be possible to completely waive the requirement of a signed written brokerage agreement.
- The Effective Cause in the Transaction
You must be the effective cause who led the parties to engage in a binding agreement. The effective cause requirement means it is not enough that a broker is a link in the chain that led to the engagement in a transaction. Rather, the broker must prove that it was his/her actions that enabled and directly led to such engagement. Therefore, it is recommended that you don’t sit back after introducing the parties to the transaction, but rather maintain contact with both parties throughout the negotiations and afterwards, until you receive your brokerage fee. It is also recommended that you document the meetings and conversations with your clients, in order to be able to prove you were the effective cause if a dispute arises regarding your entitlement to receive the brokerage fee.
Here are a few examples of the criteria the courts use to decide whether the broker was the effective cause:
(a) The extent of the similarity between the original proposal in which the broker was involved and the binding agreement, e.g. the property definition;
(b) The extent of the similarity between the payment rates and terms in the original proposal and those in the binding agreement;
(c) The time that elapsed between the original proposal and the closing of the binding agreement;
(d) The intensity of the broker’s efforts – the extent of contacts, meetings, and conversations with the parties;
(e) The existence of another party who assisted the parties in reaching the binding agreement, and the extent of that other party’s involvement;
(f) Payment of a brokerage fee by the other party (the seller or the buyer) and its rate;
(g) The identities of the parties who conducted the negotiations, which will indicate whether the causal relation between the broker's actions and the final transaction was maintained; and
(h) The parties’ reliance on their acquaintance with the negotiations made and the performance of an action that is not more than continuing the same course of negotiations the broker helped initiate.
At the Request of Roni Mana, Represented by Barnea & Co., a Foreclosure was Imposed on Arena Star Group Ltd.
Roni Mana, represented by Adv. Zohar Lande and Gal Livshitz from the Litigation Department at Barnea & Co., requested the court to order that Arena Star Group Ltd. pay brokerage fees for the sale of the Arena mall in Herzeliya. The Tel Aviv District Court today accepted Mana's request for a temporary foreclosure on the funds received by the company for the sale of the mall.