Commercial 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

12 Questions to Ask Before You Sign That Deed of Sale - Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it comes to any form of process with significant legal consequences, so here are some of […]

Buying and Selling Property: Who Pays What Costs? - Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less obvious than others. The checklists below are of necessity not exhaustive and you would do well to take […]

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February - The Property Practitioners Act (“PPA”) finally comes into effect on 1 February 2022. It has major ramifications for everyone involved in the property industry, but in this article we’ll concentrate only on aspects of particular importance to property sellers and buyers, and to landlords and tenants. The PPA’s full definition of “property practitioner” is long […]

Buying Property from a Company – Should You Buy the Shares or the House? - You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) […]

Buying and Selling Property: Nine Important Questions - When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing with quite possibly your most important asset! To help you navigate the process, as either seller or buyer, here […]