Apartment Delivery Delay Claim: Magistrates Court or District Court?

Before filing an apartment delivery delay claim, you must know which court to approach. Filing in the wrong court can result in the claim being dismissed outright. Here is what you need to know.

Jurisdictional Breakdown

Small Claims Court

Jurisdiction up to 33,000 NIS. Can be filed without a lawyer. Fast and inexpensive. Suitable for small delay claims in apartments with low rent. Important: the ruling cannot be appealed on factual grounds.

Magistrates Court

Jurisdiction up to 2.5 million NIS. Covers most delay claims. Magistrates courts specialize in Sale Law claims.

District Court

Jurisdiction above 2.5 million NIS, or when there are complex legal questions. Rare in ordinary delay claims, but relevant in large projects with high compensation amounts.

How to Calculate the Claim Amount to Determine Jurisdiction?

The claim amount includes:

• Statutory delay compensation under the Sale Law
• Additional proven damages if claimed
• Interest and distress

If the total exceeds 33,000 NIS, the claim cannot be filed in small claims court.

What Is Better: Small Claims Court or Magistrates Court?

Small Claims Court:

• No need for a lawyer, saves on costs
• Fast process
• Limited to low amounts
• Cannot be appealed on factual grounds

Magistrates Court:

• Higher amounts possible
• Legal representation strengthens your position
• Can be appealed
• Full document and witness disclosure

What About Arbitration?

If the purchase contract contains an arbitration clause, you may be required to go to arbitration rather than to court. Check the purchase contract and consult a lawyer before filing.

Court Fees

Small Claims Court: low fixed fee.
Magistrates Court: percentage of the claim amount (2.5% in the initial stages).

For advice on the correct track for your claim, contact the Lev-Taieb firm at 072-2428822 or visit the apartment delivery delay attorney page.