Real Estate Law

Whether to purchase, sell, or lease real estate or to develop or manage real estate, our real estate attorneys advise and represent institutional investors, private investors, project developers, or corporations with transactions as well as with day-to-day matters. Our clients come from Germany as well as from outside of Germany.

The significance of real estate in today’s business world is unprecedented. Companies either own or rent office space, shops, production facilities, logistics centers as well as many other types of facilities.

We advise both buyers and sellers in real estate transactions. This starts with due diligence, continues with a team approach (to the extent warranted) from other practice areas (e.g., technology, environment, tax), to drafting and negotiating purchase agreement. Enforcing contractual representations and warranties or defending against a claim of breach of representations and warranties is also an integral part of our real estate practice.

In private-sector construction law, we assist clients at all stages of a project, including advising on zoning laws and the rights of neighbors (where the owners of neighboring parcels may have enforceable claims prior to construction or development taking place), obtaining building rights, and negotiating with architects. We also advise on project developments and the management of projects, as well as on construction agreements to enforce or defend against warranty claims.

Straight-forward rental agreements are the foundation for a viable rate of return on property. We have extensive experience in analyzing and negotiating leases for commercial property in all major German markets and for almost any type of business (including logistics sites, offices, shops, production facilities, and doctor’s offices).

As to project developments and sale-and-lease-back transactions, we are set up to aptly analyse a project or transaction. This allows us to put together practical and enforceable leases on the basis of the relevant heads of terms.

Overview

Due Diligence
Contract Negotiations
Sale and Purchase Agreements
Commercial Leases
Forward Purchase Agreements
Litigation
Notarial Services
Sale and Lease Back
Services in Connection with German Land Registries
Hereditary Building Rights

Representative Matters

Advise an insurance company on the sale of a landmark building in Frankfurt (share deal, nine figure euro amount)
Advise a non-German fund on the sale of a portfolio of various logistics properties throughout Germany
Advise an institutional investor on the acquisition of a shopping center (the focus was on various potential breaches of Germany’s written form requirement as well as on a strategic approach)
Advise an insurance company on the acquisition of an office and commercial building; the focus of the review was on the issue of whether the building permit was invalid
Advise a non-German real estate fund in connection with the acquisition of a retail space portfolio (the focus of the review was on the observance of requirements for large-scale retail trade)
Ongoing advice to a public entity based in Frankfurt (large real estate owner) in connection with all real estate law issues (with a focus on hereditary building rights and landlord-tenant law issues)
Advise an international investment fund in various real estate transactions, including the development of a logistics park near Berlin
On-going advice to a German open-ended real estate fund company in real estate transactions and leases
Litigation representing landlords and tenants in connection with the validity of leases, various issues concerning additional lease fees and costs, and other issues, e.g. issues involving air-conditioning of rental premises during the summer months
On-going notarial work in real estate matters