Real estate offers security but also unpleasant surprises for all involved. We offer support in this field on all aspects of acquisition, planning and construction right through to marketing and rental of the property. In this role, we advise real estate owners, private and commercial real estate buyers, architects, construction companies, developers and estate agents. Due to our diverse client base, we fully understand the different interests concerned from each of the various perspectives.
As a high level of investment is usually committed to real estate and construction plans, incorrect decisions or delays can quickly lead to financial difficulties for the parties involved. An immediate response can thus be crucial in this area and any decisions should involve an expert advisor from the earliest possible stage in order to avoid far-reaching financial consequences.
This is especially relevant in respect of construction projects, be it on the basis of legal requirements governing works and services (Werkvertragsrecht) or the standard contracting terms (Verdingungsordnungen). The situation is further complicated in that the legal foundations are undergoing constant change, subjecting construction companies as well as principals and architects to extra demands in respect of producing formally correct contractual arrangements as they seek to safeguard their legitimate interests. We are happy to assist our clients in overcoming these hurdles.
It is not unusual for the estate agent’s commission demands to be met with little enthusiasm by the parties to the main agreement. However, the basis for the legality of this demand is laid early in the process after contact with the client has been made. The assertion or rejection of just or unjust commission demands is thus time and again part of our courtroom work.
The economic viability of a commercial property is ultimately based on its rental being in line with the market. The legal structure of a commercial real estate contract has the potential to crucially influence the profitability of the property for years to come. However, the pressure which can be exerted by a commercial tenant should not be underestimated, as rental costs can often represent a considerable cost factor in the tenant’s business. We also possess many years of experience advising either side in this delicate area of business.
