Commercial real estate
We structure and close transactions in office, warehouse, retail and industrial property: a direct sale of the asset or a sale of the corporate rights in the owning company. We check the legal standing of the property and report on the risks and the ways to close them. We draft and negotiate lease agreements for landlords and for tenants.
Support in the purchase and sale of commercial real estate
Structuring and closing transactions in office, warehouse, retail and industrial property: a direct sale of the asset or a sale of the corporate rights in the owning company (share deal).
Acquiring commercial real estate is an investment operation, not merely a notarial transaction.
PROCTOR structures transactions so as to protect the interests of the client before title passes.
We analyse the corporate structure of the seller, the origin of the title, the history of the transfers of rights, the tax consequences of the transaction, the existing leases, the possible claims of third parties and the prospects of using the property afterwards.
Our task is to secure the acquisition of an asset that will stay legally protected and liquid for many years.
Due diligence of real estate
Checking the legal standing of the property: the history of its acquisition, encumbrances, attachments, court disputes, compliance with the designated use of the land, the lawfulness of the construction. A report setting out the risks and the ways to close them.
Lease agreements
Drafting and negotiating leases of offices, warehouses and retail premises: rent-free periods, indexation, right to sublease, terms of early termination. We act for landlords and for tenants alike.
How a deal on a property runs
The path from the first viewing of a commercial property to registered title or a signed lease.
01
Setting the task
We establish whether the asset is bought directly or through the corporate rights in the owning company, and how the property will work afterwards: own use, lease or resale.
02
Due diligence of the property
We check the history of title, encumbrances, attachments, court disputes, compliance with the designated use of the land and the lawfulness of the construction. A report on the risks follows.
03
Deal structure and price
We choose between an asset sale and a share deal, count the tax consequences and agree the warranties of the seller, the order of payment and the conditions on which the deal does not close.
04
Contracts and negotiations
We draft the sale or the lease agreement and negotiate rent-free periods, indexation, the right to sublease and the terms of early termination.
05
Closing and registration
We support the notarial certification, the payments and the registration of title or of the lease. The client receives the full set of documents on the property.
Formats of support for a property
The scope differs for a check of one property, the closing of a deal and the servicing of a lease portfolio.
Check before the deal
A legal review of the property and the seller with a report: what stands in the way of the deal, what can be fixed before signing and what terms the contract must carry.
Support of one deal
We run the purchase, the sale or the lease of a particular property: structure, contract, negotiations, the notary, payments and registration actions until the documents are in hand.
Servicing of a lease portfolio
Standing work with the portfolio: standard lease agreements, review of rates and indexation, extensions and terminations, claims work with tenants.