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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

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, […]
“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale? - The upcoming festive season, with its mass migrations of happy holiday-makers to their dream destinations, has always been a busy time for both sellers and buyers. In these hard times however, an increasing number of sellers are feeling pressured to accept offers well under their expectations, so cases of “seller’s remorse” are much more likely […]
Warning: Property Email Scams Surging - Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt, the Legal Practitioners Indemnity Insurance Fund […]
You Signed a Property Sale Agreement, Can You Still Accept a Better Offer? - Imagine a situation where you put your property on the market and an acceptable, but not-perfect, offer is received. You think of the old saying “a bird in the hand is worth two in the bush” and you decide that you are going to accept the offer – even though it’s not ideal. Perhaps it’s […]