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.
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