commercial real estate law.

When purchasing or selling a real property, one must consider a variety of legal, tax, and economic aspects in order to ensure a smooth execution of the transaction, and to avoid undesirable risks and expenses. We comprehensively advise and assist our clients in a multidisciplinary manner in all phases of a real property transaction (acquisition and sale), by way of an asset or share deal, and also with joint ventures. Our highly specialized teams comprised of attorneys, tax advisors, and where necessary, auditors, have long-standing, extensive experience in assisting with both high-value individual properties, large-volume real estate portfolios, or project developments, and also residential, commercial, and special-purpose real estate.  

Our specialized attorneys at law and specialist attorneys at law advise and support our clients in all areas of private construction law, the law on contracts for work and services and architect/engineer law. We offer our clients many years of expertise and project-related legal counsel in all phases of the construction and project schedule, e.g. with structural and civil engineering, construction installations/mechanical engineering projects and large-scale projects.

subject areas.

• Contract drafting | Contract review
• Inspection and acceptance
• Settlement of payment | Managing contract addenda
• Impediments and interruptions in the construction process | Insolvency of construction parties
• Construction process | Independent collection of evidence
• Managing defects | Consequences for a contract breach | Contractual penalties
• Warranty claims for defects and compensatory damage claims

services.

• Contract drafting | Contract review
• Counsel during the construction phase
• Examination of invoices for remuneration | Enforcing wage claims
• Enforcement of contractual and statutory claims and rights | Attend to extrajudicial and judicial disputes

We advise and support our clients in all public construction, environmental, and other administrative law areas. Our specialized consultant attorneys for administrative law have many years of experience in practice-oriented consulting in all legal subject areas, both for the benefit of investors, owners, and companies, and also for the public sector.

subject areas.

• Securing the right to build | Preventing third-party construction
• Urban development and specialized planning procedures (in particular, regional and land-use planning procedures)
• Urban development and other public law contracts
• Administrative and appeal proceedings, proceedings before administrative courts
• Other public law permitting and approval procedures (e.g. restaurant licensing law, rights of special use)
• Monument protection law
• Emission control law
• Development law | Development contributions law
• Contaminated sites and harmful soil alterations

services.

• Contract drafting and contract negotiation of urban development and other public contracts
• Attending approval proceedings and meetings with regulatory authorities
• Public law due diligence
• Attending to extrajudicial and judicial disputes

The acquisition and operation of a property is generally associated with high costs and investments on the part of the owner, which can often only be compensated by means of leasing over many years. Likewise, tenants often invest substantial amounts for the purpose of leasing and furnishing a leased property and are economically dependent upon maintaining their business operations over the long-term. It is precisely on this backdrop that the professional and legally certain drafting of leases takes on significant importance. We extensively support our clients, both as tenants and also as landlords, in all phases of a tenancy, from its initiation, implementation over (generally) many years, until its termination.

subject areas.

• Leasing, renting, and other contracts for the use of all types of buildings and purposes (e.g. office, commercial, residential, hotel, special-purpose real property)
• Rent increases | Index value clauses | Rent reduction
• Compensatory damage claims
• Maintenance, repair, and cosmetic repair measures
• Modernization
• Operating costs statement
• Expiration | Termination

services.

• Contract drafting | Contract negotiation
• Legal review of lease-related circumstances with a risk analysis and recommended actions
• Enforcement or defense of tenancy law claims and rights on both the tenant and landlord side
• Attending to extrajudicial and judicial disputes

The division of a property according to the German Condominium Act [Wohnungseigentumsgesetz (WEG)] has a significant impact on the actual and economic use of a building, both in the case of one’s own use, and also for leasing the residences and commercial units. Numerous restrictions, requirements, rights and obligations may follow from the condominium declaration, the community rules, and condominium law provisions for owners, managers and tenants that have a substantial influence on the potential uses and value of the property. Our specialized expert team will advise and support Condominium Act communities, property managers, and owners in all areas of WEG law.

subject areas.

• Establishing the homeowner association | Condominium declaration, community rules and management agreement
• Annual budgets and annual account statements
• Owners' meetings and resolutions | Contesting resolutions
• Maintenance, repair, and modernization measures
• Interfaces with building contract law (in particular, inspection and acceptance and claims for deficiencies in common property)
• Legal counsel for all WEG legal situations
• Enforcement or defense of claims within the WEG and against third parties |
• Attending to extrajudicial and judicial disputes

The competent and experienced management of a real estate portfolio is an important factor for the success of a real estate investment. We advise and support our clients in the development, negotiation, review, and processing of administrator and management agreements, as well as all other real estate-related service and supply contracts, (e.g. property and facility management agreements, operating agreements, contracting agreements).

subject areas.

• Contract drafting | Contract negotiation | Contract negotiation
• Enforcing or defending claims
• Attend to extrajudicial and judicial disputes

Due to the close proximity of real property and buildings, especially in inner-city locations, there is often a considerable need for establishing rules and coordinating between property owners. We represent our clients outside of court and in court in all areas of the law of adjoining occupants, in particular, in the case of neighboring construction projects or questions regarding the real property portfolio situation with respect to public law and civil law.

subject areas.

• Public law matters (e.g. law of construction planning, setback distances, fire protection, emissions protection)
• Obtaining or defending against (construction) approvals | Judicial review proceedings against statutes and regulations (e.g. development plan)
• Adjoining property agreements
• Civil law matters (e.g. extensions along the border, overhang, easements)
• Attending to extrajudicial and judicial disputes

 

The participation of a real estate broker is often an important and cost-sensitive component of real estate transactions and plans to lease out/rent a property. We advise and represent our clients, mainly real property and real estate companies in the commercial real property sector, in all matters surrounding real estate agency law.

subject areas.

• Broker contract | Broker clauses in general terms and conditions
• Information and consulting duties
• Commission claims
• Competition law
• Tax consequences

services.

• Contract drafting | Contract negotiation | Contract negotiation
• Enforcing or defending claims
• Legal counsel with regard to real estate agency law situations
• Enforcement or defense of claims | Attending to extrajudicial and judicial disputes

In the case of project development, diverse contractual relationships and legal requirements must be considered and carefully coordinated and implemented in order to ensure the success of the project. We support our clients with our extensive legal and tax expertise in all phases and forms of project development (new construction or revitalizing an existing property). Through our multidisciplinary range of consulting, we can perform a valuable contribution for the successful and prompt implementation of project development, starting with the preparatory legal examinations and structuring the project, acquiring the property, and lawful implementation of the construction up until its subsequent marketing.