Real estate law

In the case of sale and purchase contracts, countersigning attorneys are required to represent the interests of both parties under the applicable rules, even if they have been instructed by one of the parties only. This imposes a particular obligation and responsibility on the attorney: to create and negotiate contractual arrangements with the parties which best serve the interests of both parties, resulting in a "win-win situation".
This is a challenge we are happy to face and manage successfully. When preparing sale and purchase contracts, we carefully consider the tax and accounting consequences of the transfer of ownership to figure out what is the most advantageous, as often these aspects determine the arrangement itself.
Our team's tax and accounting experts will help you find the best possible way forward.

It is quite common that a new owner looks into the construction laws applicable to the property - such as regulations (local construction regulations, etc.) published by the local municipality - more thoroughly only after the acquisition. In such cases, there are often problems with interpretation and the competent construction authority may need to be consulted for the utilisation of the acquired property.
We represent our clients' interests towards the construction authorities during the planning process, both before and after the investment and the acquisition of ownership, to enable our clients to use the property to the highest possible level and as fast as possible.

In the case of real estate investment, there is a wide range of available options depending on which point in the process the investor transfers ownership of the apartments, offices or retail premises to the buyer. Although this may not seem to be a severe issue, the entire investment structure is fundamentally determined by whether the buyer buys a share of the land at the beginning of the construction and thus acquires a flat in the building to be constructed and then converted into a condominium or buys a turnkey flat, which the buyer finances in advance.
Both cases raise different issues to be resolved: if prospective owners acquire ownership before construction, they are in a more secure position in terms of financing; however, this makes investment administration more complicated. In contrast, the investor's situation is more straightforward if it builds the building as sole owner and establishes a condominium, although this solution is much more complex in terms of financing.
Changes in the VAT rate for new builds (from 5% to 27%, and then back to the lowered rate of 5%) also significantly impact the investor's decision on the most cost-effective way of selling the constructed apartments.
We always plan the investment and the sale of the apartments suited to the investor's interests and financing possibilities.

The drafting of lease agreements can range from the simplest to the most complex contractual structure. Based on our experience, a well-negotiated structure that operates continuously without any particular intervention will need to be reviewed again when the parties face a disagreement. Therefore, the contract should contain all the provisions necessary to balance the relationship between the parties in conflict and provide guidance on the steps to be followed in the dispute.
This is particularly relevant in the case of a lease. When a lease agreement is concluded, many issues should be provided for, which may - at that time – seem to be “over-regulation” to the parties. From the simplest lease agreements to complex ones, e.g. for a longer term or including additional services, we prepare lease agreements for a wide variety of scenarios to suit the parties' mutual intentions. The preparation of lease agreements often requires tax and accounting expertise, just like contracts for the sale of real estate, which significantly impact contractual arrangements. Therefore, in addition to legal advice, our team also provides tax and accounting counselling as part of our complex service.

Condominium matters may affect not only our private clients, but also real estate investors engaged in the renovation or expansion of condominiums. Condominium matters can prove tricky, calling for a combination of communication skills, diplomacy and multi-disciplinary legal expertise to come up with a solution that benefits all parties and to deliver a proposal to the parties concerned in a way that overcomes any personal conflicts and helps them reach a mutually beneficial agreement.
Condominium cases require a great deal of patience from all parties involved, as, unlike other areas of law, there is almost always a need to establish an equilibrium between a large number of stakeholders.
We use our negotiating and case management skills in this area to benefit our clients so that they can achieve their investment goals, sparing them from conflicts as much as possible.