Meincke Bienmüller advises buyers and sellers on real estate transactions. In this area of law, we rely on our experience in single-property sales as well as comprehensive portfolio deals, and sale & lease-back agreements.
Over the last years, we attended to real-estate transactions with an overall value of more than 150 million euros made by both domestic and foreign investors. As a matter of course, we also participate in the preparatory stage of such transactions (Letter of Intent, Due Diligence etc.), and their financing. For certain services (e. g. Legal Due Diligence), Meincke Bienmüller offers flat-rate legal fees.
While preparing a Due Diligence report for a buyer, we focus – as commissioned – on the review of commercial lease agreements. Apart from technicalities such as compliance with the written-form requirements, we check all contractual clauses relevant for the cash flow contained in the covenants into which a buyer has to enter – in particular escalator clauses, the provisions regarding heating and operating costs, and clauses on maintenance and repairs. Further elements of our review and Due Diligence report concern the legal assessment of the property (land register, cadastre), the legal coverage of its development (easements in gross, public building charges), liability for old neglected deposits, and public building law requirements (building permits, zoning, urban redevelopment areas), facility management and other contractual agreements.
Last but not least, we successfully advise our clients on the drafting of sale & purchase agreements for real-estate properties.