real estate | construction projects.

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

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

Neighborhood law

• Public law issues (including building planning law, distance zones, fire protection, immission control)
• Support in extrajudicial and judicial disputes
• Enforcement of or defense against (building) permits
• Legal proceedings against statutes and regulations (e.g. development plans)
• Neighbor agreements
• Civil law issues (e.g. boundary extensions, overbuilding, easements)

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