Sonntag & Partner has already assisted clients for decades with extensive expertise in all legal and tax matters involving real property. Our multidisciplinary expert teams have long-standing experience in the real estate market, both with regard to residential, commercial, and special-purpose real estate, and also high-value individual properties and large-volume real estate portfolios— ranging from the construction, purchase, or revitalization of a property to its use and management, to a sale or tax-optimized asset succession. Through our client-oriented advisory approach, we can offer owners, investors, and occupants of the property a comprehensive range of consulting and services tailored to their individual requirements.
By conducting an analysis and assessment as soon as possible of the numerous legal, tax, and economic aspects relevant for a real estate transaction, potential risks and important stipulations can be recognized and considered in a well-ordered manner within the further transaction process, both for the acquisition and also for the sale of a property. For this reason, we recommend to our clients that they conduct a due diligence assessment (legal, tax and if necessary, financial due diligence) prior to commencing with contract negotiations, in which case we of course coordinate the precise scope and depth of the assessment with our client in advance, and adjust this assessment to individual requirements.
The central element of our involvement in a real estate transaction is drafting, reviewing, and negotiating the purchase agreement and the additional documents relevant for the transaction (e.g. letter of intent, legal authorizations, lease agreements) up until the successful close of the intended purchase and/or sale. In so doing, we of course take into consideration the individual legal and tax requirements with regard to the property and the transaction process, including the interfaces with corporate, investment, and antitrust law.
With our long-standing expertise in structuring and handling complex acquisitions and sale processes for all types of real estate transactions, we offer our clients valuable support and guidance for the optimal preparation and management of a transaction. Because of this, time and cost-intensive influences on the transaction can be avoided at an early stage.
We also support our clients after the contract documents are signed in the further handling of the transaction, clarifying legal questions, taking on the real property into ongoing management, or its transfer to the purchaser, and any extrajudicial disputes and litigation.
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.
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.
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).
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.
Consulting with respect to value added tax questions in connection with the acquisition, use and sale of real property.
Minimizing the risk of a business tax burden.
We assist our clients already at the start of planning in the preparation and legal structure for project development, including the corporate and tax law concept as well as drafting and negotiating the project contracts.
We advise and support our clients with regard to the law during the entire project realization phase, from obtaining the construction and planning rights up until inspection and acceptance of the construction project and managing warranties.
We support our clients in all tax and legal aspects in marketing and commercially exploiting the product development, e.g. through its lease or sale (also “from the drawing board”).
we synergize expertise.
Sonntag & Partner
Wirtschaftsprüfer, Steuerberater, Rechtsanwälte
Telefon: +49 821 57058-0
Telefax: +49 821 57058-153