Real estate is one of the main and most important areas of our practice. We provide legal assistance in all civil and administrative legal aspects of the investment process and real estate transactions. You can count on our comprehensive support in any proceedings and disputes involving real estate.
Areas of practice
Our services include professional advice on real estate transactions. We check the legal status of real estate (due diligence), identify legal risks and present possible solutions to the identified hazards. The Law Firm advises on the methods of real estate acquisition/disposal that are most optimal in terms of law and taxation. We draft transaction-related documentation, represent Clients during negotiations, advise on performance bonds to be provided by contracting parties. As a legal advisor, we participated in several dozen transactions involving both relatively small undeveloped real properties and leased office buildings of multi‑million value.
We handle transactions of sale of agricultural properties by the Agricultural Property Agency (ANR) and between private entities, draft transaction documentation and negotiate contractual terms on behalf of our Clients. In our practice, we conduct proceedings concerning division and consolidation of agricultural properties, expropriation of agricultural properties for public roads, in particular in respect of the award of compensation. We regulate legal status of real properties in land and mortgage registers, advise on agricultural property lease agreements and settlement of expenditure with the lessor, and on any easement problems, including transmission easement.
We assist our Clients in the process of negotiating lease and tenancy contracts. Our Law Firm advises in the process of commercialization of office areas, shopping centres and logistic centres, including the stage of developing a commercialization concept, pre-lease stage, negotiations and lease contract conclusion, as well as the release of premises to tenants. We draft management contracts, documents regulating the functioning of facilities (e.g. rules and regulations) and contracts for co-owners of areas in the case of a partial sale of the investment.
Since the establishment of the Law Firm, the provision of legal support to Clients in the investment and construction process has been one of the main areas of our advice. Owing to the experience of many years in representing interests of various participants of the investment process as well as the knowledge of mechanisms of administrative bureaucracy, we are able to translate administrative jargon into business language and offer practical solutions to even most unusual situations.
We represent our Clients in court and administrative proceedings concerning real estate. It refers both to proceedings closely related to the investment process and other disputes involving real estate. We represent all participants of the investment process in disputes concerning claims related to workmanship, sub-contracting, investments carried out by a project management company or a general contractor, both in terms of finance and organisation. The Law Firm supports also architectural studios in the proper protection of copyright. We advise our Clients on disputes concerning contracts for sale of real properties, lease agreements, in proceedings regarding the annulment of joint ownership of real properties or compensation for non-contractual use. We also provide our Clients with legal representation in bankruptcy and enforcement proceedings.
We advise on transactions involving legal analysis of credit documentation, together with security documentation. Our service includes also support in transactions concerning the financing of investment implementation or acquisition of real properties from various sources, including project financing agreements or sale-leaseback agreements.
The offer of our legal assistance in respect of real estate sale-leaseback includes legal advice on initial selection of the object of lease, its legal audit, legal advice on the transaction structure and procedure for entering into a sale-leaseback agreement, as well as drafting of comprehensive documentation for the tender process.
We support our Clients in any matters related to both expropriation and municipalisation processes. So far, we handled expropriation and municipalisation disputes between municipal and state legal entities, in which the most prominent one concerned approx. 26 ha in the centre of one of the 5 largest cities in Poland.
In the area of company divisions, we support our Clients in the analysis of both legal and factual status as for the possibility of separating an organised part of business from a company, including any real property with the part of assets allowing to conduct business related to such real property for its further sale or contribution to another company to optimise its business activities.
We represent our Clients in proceedings concerning the updates of annual perpetual usufruct fees, settlement of expenditure and in proceedings related to the transformation of perpetual usufruct right into ownership title.
Our Law Firm assists its Clients in negotiations with transmission companies on agreements on the establishment of transmission easement and remuneration on that account, as well as in court proceedings concerning compensation for the land occupation by transmission facilities and for non-contractual use.
For our Clients, we identify obligations related to the proper labelling of products sold by them. We advise on the drafting of documentation required for both manufacture and sale, including product labels, instructions, declarations or Material Safety Data Sheets (MSDSs). We draft and review contracts for design or manufacture of products, also by sub-contractors outside the EU. We draft also agreements with agents and distributors. Our team reviews mechanisms for creating and marketing promotional sets as private label and for DYI networks. We assist manufacturers and distributors in the course of inspections and in proceedings concerning the lack of claimed properties of the goods sold and errors in their labelling. Moreover, we represent Clients in court proceedings for compensation for damage sustained as a result of defects in products, including those related to their incorrect labelling.
For real estate transactions, we offer also comprehensive tax advisory services. In particular, we assess tax consequences of any planned transactions, verify the obligation to charge VAT on real estate transactions, conduct tax audits and file requests for the issuance of individual interpretations. We provide also our Clients with legal representation in tax and court proceedings.