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Commercial Property

Commercial PropertyCommercial Property

In order to give clients the best advice on the law applicable to commercial property and property finance, one requires a thorough understanding of a number of different aspects of law and also the knowledge on how best to structure such a transaction.

Commercial properties are often held in either privately owned companies or trusts.  As a result, a purchaser who is looking to acquire the property from the seller might look to acquire the shares in the property holding company, or merge his company with the seller’s company. Whilst the law pertaining to mergers and acquisitions is relatively straight forwards, there are a number of financial and practical issues that need to be considered by both parties.

Any agreement of sale in respect of immovable property needs to be in writing, and must be signed by both the seller and the purchaser. While the essentials of the sale agreement are simple, it is essential that both parties to the transaction obtain professional legal advice to limit their risk prior to becoming the owner of the property.

Ensuring that you have a good commercial lease agreement in place in respect of your commercial property will ensure that you are able to extract the most value out of your investment. As a tenant, we are able to give advice regarding potentially onerous terms in a lease agreement. As a landlord, we are able to give advice on how best to protect your commercial investment.

Recent articles

Buying a Business? Make Sure the Seller Publishes Notice of the Sale - With our economy in trouble and the ongoing pandemic and lockdown damaging more and more businesses by the day, sales by distressed companies and traders are likely to rocket. If you are a prospective buyer here, be aware of one particular danger lurking in the wings for you. Follow this rule to protect yourself – […]
Property Sellers – Prepare for SPLUMA - Many factors can delay your property transfer, and all of them are likely to cost you. A last-minute rush to comply with statutory requirements is one such pitfall to avoid. Beware therefore of the possibility that you will soon need (in some parts of the country you may already need), to lodge before transfer a […]
Your Neighbour Builds Without Plans – Can You Get a Demolition Order? - “Neighbour problems” are as old as civilization itself, and an all-too-common cause of conflict is construction work. When your neighbour’s new house/extension/outbuilding impinges on your sea view, or steals your light, or invades your privacy, or encroaches on your property, you are going to be upset. And you will want to know what you can […]
Must You Pay Tax on Your Rental Income? - Letting out property can give you an excellent “annuity” income, and if that concept appeals to you and a buy-to-let property comes your way at the right price put an offer in right now; before the current ‘buyer’s market’ runs its course. In your financial planning however remember the tax implications, because as a landlord […]
Property Owners, Buyers and Agents: Lost Title Deeds and Bonds - In January 2019 new amendments to Regulations for the replacement of lost title deeds (and similar documents like mortgage bonds and notarial bonds – see below) were published. They were very onerous and slated to come into effect at short notice, but after criticism they were suspended – until now. Revised amendments have been published, […]