real estate | construction projects.

due diligence.

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.

services.

• The examination, identification, and assessment of legal and tax matters of significance for the transaction
• Structured presentation of the results in a due diligence report or Legal Fact Book (sale) with a risk analysis and recommended actions for the further transaction process
• Communication with negotiating partners to clarify open matters
• Legal, tax and financial due diligence
• Due diligence report | Legal Fact Book
• Data room processing (sale) | Data room analysis (acquisition)
• Q&A process

contract drafting | contract negotiations.

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.

subject areas.

• Contract drafting | Review and revision of third-party drafts
• Contract negotiation
• Preparation of the relevant documents (e.g. contract attachments)
• Meeting with the recording notary | Attending all negotiations and discussions (e.g. red-flag meeting)
• Coordination of the negotiation and notary recording process

process structuring | process organization.

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.

subject areas.

• Concept for the acquisition project and purchase structuring founded in corporate, tax, and where applicable, investment law
• Special-purpose vehicle (SPV) | Joint venture
• Letter of intent | Non-disclosure agreement (NDA)
• Structured bidding procedures
• Organization and preparation of a data room

post-closing consulting.

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.

services.

• Review, coordination, assistance, and implementation of all processing stages after conclusion of the contract | Post-closing list
• Review legal issues and circumstances | Post-closing due diligence
• Enforcement of contractual and statutory claims | Attending to extrajudicial disputes and litigation
• Drafting and negotiating supplementary documents

tenancy law (residential and commercial).

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

Condominium law.

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

management | other service agreements.

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

law concerning occupants in adjoining properties.

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

value added tax.

Consulting with respect to value added tax questions in connection with the acquisition, use and sale of real property.

subject areas.

• Selling a business as a whole vs. real property deliveries
• Opting for the value added tax in the case of leasing and sales
• Input tax deduction and input tax adjustment

services.

• Value added tax law qualification of deliveries
• Tax-efficient formulation and negotiation of leases and purchase agreements
• Representation towards fiscal authorities
• Processing tax return obligations and ongoing value added tax counsel
• Business tax risks as a result of industrial premises and/or failure of the expanded property deduction for business tax purposes

business tax.

Minimizing the risk of a business tax burden.

services.

• Consulting with respect to a tax-efficient transaction structure
• Hedging transaction tax risks
• Ensuring the claim for the expanded deduction for property with respect to business tax during the use and sale of a property

project preparation | project structuring.

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.

subject areas.

• Securing and acquiring the property
• Property and construction law requirements
• Tax and corporate law structuring | Asset-holding entity, Special Purpose Vehicle (SPV)
• Joint venture contract | Integration of capital investors

project realization.

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.

services.

• Contract drafting | Contract negotiations
• Managing addenda and defects
• Enforcing contractual and statutory claims | Attending to extrajudicial and judicial disputes
• Construction and law
• Construction, architect and engineering contracts
• “Drawing board” leasing
• Implementing the construction project

marketing | leasing | sale.

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”).

subject services.

• Assist in the leasing/sale concept | (tax) optimized exit strategy | Sale and lease back models
• Sale, lease and brokerage agreements
• Legal assistance with property management | Post-closing subjects
• Enforcing contractual and statutory claims | Attending to extrajudicial and judicial disputes