There is an increasing need for special advice on legal, technical and financial matters across subject areas and private and public law rules and regulations in connection with transfer of commercial property. CLEMENS law firm offers legal advice hereon at a high professional level, and we are not afraid of solution-oriented collaboration with advisers from other sectors to create value to our clients.
Highly specialized advice
We advise a significant number of private and public companies, including private investors, investment companies, property funds, social housing associations, project developers, etc. We have thus gained extensive experience with all types of property transfers, including purchase/sale of residential rental properties, mixed properties, industrial, logistics and retail properties, project properties, domicile properties, agricultural properties, undeveloped properties, etc., regardless of whether the transfers are traditional asset transfer or corporate transactions.
This significant experience has given us solid and comprehensive knowledge of the property market, its players and not least the market conditions. The combination of this experience, our legal expertise and insight into our clients’ businesses enables us to provide sharp, targeted, competitive and not least value-creating legal advice.
We can advise on and help you with e.g.
- Carrying out traditional due diligence investigations, both at property and company level, including the establishment and management of data rooms. The purpose of due diligence is to uncover the risks associated with taking over or investing in a commercial property.
- Negotiating the terms of transfer of the commercial property. In most property transactions, it is a good idea to consult a lawyer early on to focus the transfer process and ensure the best possible terms.
- Preparing documents and negotiating terms in connection with the property transfer, including purchase agreement, option to buy agreements, right of first refusal, etc. The content of the terms may differ a lot in the individual contract documents depending on the type of commercial property being transferred. Therefore, it is often adding value to have contracts reviewed by a lawyer with the relevant legal expertise and specialist insight in the transfer of commercial property.
- Completing the property transfer by registration of title or execution of the company transfer, including the relevant company law registrations.
- Clarifying the consequences of the transfer in relation to tax, VAT and duties. It is important to have a full overview of taxes triggered by a sale, especially for commercial properties. This could e.g. be tax on previous depreciations and profit on the property.
- Assistance with local development plans, including ongoing sparring with owner and local development adviser(s).
- Clarification of regulatory public law matters, e.g. basis for development plans, permits and dispensations.