Sale Law 5728-1968 vs Contracts s.39: Accepted Manner and Good Faith
Accepted manner and good faith in Israel is Contracts Law section 39 and Sale Law 5728-1968 section 6 — the 1968 performance pair, not a shekel tariff. Good faith in negotiations is Contracts Law section 12. First to register at Tabu is Land Law section 9. We invent no cooling-off clock.
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Is accepted manner and good faith the same as Sale Law 5728-1968 section 6?
Yes — as the 1968 sale-specific restatement of Contracts Law (General Part), 5733-1973 s.39. Accepted manner and good faith is In the performance of an obligation arising from a contract one must act in an accepted manner and in good faith; the same applies to the use of a right arising from a contract. Sale Law 5728-1968 s.6 reprints that pair for a formed sale: An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. Sale Law s.6 is the sale-specific restatement of this general contracts cell. They are not three different duties on one invoice. Three cells, not one slogan. The phrase is good faith — the statutory phrase in Sale Law s.6, Contracts Law s.12 and s.39, and Land Law s.9. Not a US implied-covenant slogan and not a shekel tariff. (תום לב), always paired with an accepted / customary manner — the other half of the s.6 / s.12 / s.39 pair. The statute prints both words together. (דרך מקובלת). Good faith in negotiations is a different cell — Contracts Law (General Part), 5733-1973 s.12 (negotiations toward the formation of a contract — Contracts Law s.12's cell. It is not Sale Law s.6 performance., משא ומתן). The July 2026 citywide median asking ₪4,850,000 (≈ $1,310,811 / €1,212,500 / £1,021,053; n = 1,037 tracked active listings) is the stake those duties sit on. Implied size — that median divided by apartment-scale ₪/sqm (n = 987) — is 88 sqm (950 sqft). It is not a good-faith invoice. Tracked listings are not holdings. The purchase contract page holds the pay-on-delivery defaults. This page is the s.6 / s.39 citation target.
What Sale Law 5728-1968 section 6 actually says
Sale Law, 5728-1968 (Sefer HaChukim 5728, 98) — the 1968 sale statute — s.6 is one sentence: An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. Sale Law s.6 is the sale-specific restatement of this general contracts cell. They are not three different duties on one invoice. Contracts Law (General Part), 5733-1973 s.39 reads: In the performance of an obligation arising from a contract one must act in an accepted manner and in good faith; the same applies to the use of a right arising from a contract. Neither cell prints a shekel multiplier, a 3-day cancel, or a US-style implied covenant table. The numbered neighbour on a Tel Aviv file is the official 2026 Tabu warning note of ₪188 (≈ $51 / €47 / £40; item 13(a)(1)) — a registrar tariff, not a good-faith penalty. A defined builder-seller’s unsecured take is still the 1974 7% ceiling; on the citywide median that if line is ₪339,500. That is a different statute.
| Cell | What the statute prints | What it is not |
|---|---|---|
| Sale Law, 5728-1968 s.6 | An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. | A shekel damages tariff or a cooling-off clock. |
| Contracts Law (General Part), 5733-1973 s.39 | In the performance of an obligation arising from a contract one must act in an accepted manner and in good faith; the same applies to the use of a right arising from a contract. | A separate invoice line from s.6. |
| Contracts Law (General Part), 5733-1973 s.12(a)–(b) | In negotiations toward the formation of a contract a person must act in a customary manner and in good faith. A party who did not act in a customary manner and in good faith is liable to the other party for damages for the injury caused by the negotiations or by the formation of the contract, and sections 10, 13 and 14 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970, apply with the necessary changes. | A published shekel table. We do not republish the 1970 remedies amounts. |
| Land Law, 5729-1969 s.9 | If a person undertook to do a land transaction and, before the transaction was completed by registration, undertook again toward another person a conflicting transaction, the right of the holder of the first transaction is preferred; but if the second acted in good faith and for consideration and the transaction in their favour was registered while they were still in good faith — their right is preferred. | The seller’s performance duty under s.6. |
Is good faith in negotiations the same cell?
No. In negotiations toward the formation of a contract a person must act in a customary manner and in good faith. That is negotiations toward the formation of a contract — Contracts Law s.12's cell. It is not Sale Law s.6 performance. (משא ומתן) under Contracts Law (General Part), 5733-1973 s.12(a). It binds the talk that may become a zichron devarim or a formal sale contract. It does not rewrite Sale Law s.6 once the sale exists. A party who did not act in a customary manner and in good faith is liable to the other party for damages for the injury caused by the negotiations or by the formation of the contract, and sections 10, 13 and 14 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970, apply with the necessary changes. That damages hook names Contracts (Remedies for Breach of Contract) Law, 5731-1970 ss.10, 13 and 14. We do not republish those amount tables. A memo that is definite and intended can already bind; good faith in the negotiation is a second, earlier cell, not a citywide deposit percent. There is still no official second-hand deposit on this disk.
What about a later buyer who registers first?
If a person undertook to do a land transaction and, before the transaction was completed by registration, undertook again toward another person a conflicting transaction, the right of the holder of the first transaction is preferred; but if the second acted in good faith and for consideration and the transaction in their favour was registered while they were still in good faith — their right is preferred. That is Land Law, 5729-1969 s.9 — conflicting undertakings, not the seller’s s.6 performance duty. The practical paper is the Land Law s.126 warning note on Tabu — the lock, not a third-party escrow company. Official 2026 register cell ₪188 (item 13(a)(1)); the certified extract is ₪88. Those tariffs do not measure good faith. Our tracked days-on-market median is 33 days from first publication to detected removal (p25–p75 16–42; n = 94; 59.1% dated coverage). That metric is time-on-listing. It is not a good-faith clock and not a days-to-keys statute. Title still finishes at registration.
What numbers stay unpublished
A shekel damages tariff for s.6 — An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. The statute stops there. A cooling-off or cancellation day-count — the dedicated cooling-off / cancel page is that citation target; this file prints none. The 1970 remedies amounts — s.12(b) names those sections; we do not republish the tables. Named court cases that fill in “accepted manner” on a Tel Aviv file. Official 2026 Tabu cells stay the extract ₪88 and the warning note ₪188 — registrar tariffs, not a good-faith penalty. The buying process still runs lawyer-led. A remote close does not skip these cells. Confirm a live contract with a licensed Israeli real-estate lawyer.
Frequently asked questions
Is accepted manner and good faith the same as Contracts Law section 39?
Accepted manner and good faith is Contracts Law (General Part), 5733-1973 s.39: In the performance of an obligation arising from a contract one must act in an accepted manner and in good faith; the same applies to the use of a right arising from a contract. Sale Law 5728-1968 s.6 is the 1968 sale-specific restatement of that pair: An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. Sale Law s.6 is the sale-specific restatement of this general contracts cell. They are not three different duties on one invoice. Neither cell is a shekel tariff or a cancellation right.
Is good faith in negotiations the same as Sale Law 5728-1968 section 6?
No. Good faith in negotiations is Contracts Law (General Part), 5733-1973 s.12 (משא ומתן): In negotiations toward the formation of a contract a person must act in a customary manner and in good faith. Sale Law 5728-1968 s.6 is a later cell: An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. Neither cell is a shekel tariff or a cancellation right.
Can I cancel an Israeli purchase for bad faith under Sale Law 5728-1968?
Sale Law 5728-1968 s.6 does not print a cancellation right or a day-count. An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. Sale Law s.6 is the sale-specific restatement of this general contracts cell. They are not three different duties on one invoice. A cooling-off clock is one of the cells we do not invent. First to register at Tabu is Land Law, 5729-1969 s.9 — a later-buyer race, not that duty.
What is first good faith under Sale Law 5728-1968 section 6?
First good faith is Sale Law, 5728-1968 s.6: An obligation arising from a sale contract must be performed in an accepted manner and in good faith; the same applies to the use of a right arising from the contract. It is a 1968 performance and use-of-right duty, not a shekel tariff and not a cooling-off clock. First to register at Tabu is Land Law, 5729-1969 s.9 — a later-buyer race, not that duty.
Is Israeli good faith the same as a US implied covenant?
No. Israeli good faith is three statute cells, not one slogan. Sale Law s.6 (and Contracts Law s.39) is how an obligation from a formed sale contract is performed and how a right from that contract is used. Contracts Law s.12 is the pre-contract negotiation cell, and only s.12(b) prints a damages hook — not a shekel tariff. Land Law s.9 is a later-buyer priority race at Tabu, not a seller's performance duty. None of those cells is a cooling-off clock or an official second-hand deposit. English pages that treat those three cells as one slogan are mixing statutes.
What is the difference between section 6 and Contracts Law section 12?
Section 6 binds a formed sale contract. In negotiations toward the formation of a contract a person must act in a customary manner and in good faith. That is Contracts Law (General Part), 5733-1973 s.12(a) — negotiations toward the formation of a contract — Contracts Law s.12's cell. It is not Sale Law s.6 performance. (משא ומתן).
Does section 12 come with damages?
A party who did not act in a customary manner and in good faith is liable to the other party for damages for the injury caused by the negotiations or by the formation of the contract, and sections 10, 13 and 14 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970, apply with the necessary changes. That is a damages hook, not a published shekel tariff. This page does not republish the 1970 remedies amounts.
Is a later buyer who registers first protected by good faith?
If a person undertook to do a land transaction and, before the transaction was completed by registration, undertook again toward another person a conflicting transaction, the right of the holder of the first transaction is preferred; but if the second acted in good faith and for consideration and the transaction in their favour was registered while they were still in good faith — their right is preferred. That is Land Law, 5729-1969 s.9 — a Tabu priority race, not the seller's s.6 performance duty.
How much is the official good-faith penalty in shekels?
There is none on this disk. Sale Law, 5728-1968 s.6 prints no tariff. The numbered cells next to it are the official 2026 warning-note ₪188 and, for a defined builder-seller, the 1974 7% unsecured-take ceiling — different statutes.
Where this fits
This page is the Sale Law s.6 citation target. The sale paper is purchase contract and deposit. The pre-contract memo is zichron devarim. Keys versus title is handover versus Tabu. The cluster map is the foreign-buyer guide. Hebrew terms are in the glossary. Live asking figures sit on Tel Aviv property prices. Return to the buying-guide hub.
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