Real Estate
Real Estate Law
Real estate is considered to be one of the few inflation-proof investments. This factor attracts many potential buyers and requires forward-looking and long-term planning – both for private and institutional investors. Organisational structures and compliance with legal conditions form the basis for successful real estate projects in order to minimise risks.
SAXINGER will be by your side throughout the entire life cycle of a property, starting from a structured acquisition, through planning and construction, including financing, to management and realisation. We are your reliable partner, developing sustainable solutions for your property together with you.
Need for Advice in Real Estate Law
Comprehensive legal advice is essential to successfully shape the entire life cycle of a property. Each real estate project has specific, individual requirements that come to the fore during the support period. A well-thought-out structure will evaluate and mitigate risks, such as market risks, loss of value or vacancy risks, at an early stage of the process.
In this respect, our legal advice will support you with:
- A thorough review (due diligence) of the property, including legal, financial and technical aspects
- Clarification of issues under construction law, contract law and tax law as well as contract design
- Planning the implementation of construction projects to ensure legal and financial efficiency
- Minimising risk with respect to any potential challenges
- Creating structured financing models to ensure the financial protection of projects
- Optimum management and use of the property for long-term profits
Our Expertise in Real Estate Law
The SAXINGER team will advise you on private land purchases as well as on the acquisition of commercial properties, expansion of business locations, implementation of infrastructure projects or investment in property. We will support you in the following areas among others.
Thorough analysis and structuring are key to executing real estate transactions safely and successfully. SAXINGER focuses on the following key areas:
- Advice on the property purchase and sale of individual properties and real estate portfolios domestically and abroad. Country-specific regulations and tax issues must be taken into account.
- Advice on the structuring of the transaction. We will support you in finding the right method for the property transfer and financing. This may be a direct purchase of the property (asset deal), purchase of shares in a company (share deal), sales where a property is simultaneously rented back by the seller (sale & leaseback transactions) or the structuring of a real estate fund.
- Due diligence as a complete solution (“one-stop shop”), i.e. the process of inspecting a property before purchase. This ensures that there are no undetected risks or problems that could impair the value or usability of the property.
- Private provision, gifting real estate and transfer agreements, early inheritance. Legal consultation ensures that transfers are legally watertight, tax advantages are used and future disputes among the heirs are avoided.
- Handling of a trust and trusteeship: Asset management to safeguard the interests of all parties. It is aimed at compliance with all contractual conditions and structures the process transparently.
- Land register law and land register entry for a correct and complete entry to secure the ownership rights.
- Real estate purchase agreement that must be designed in a legally valid way and precisely worded in order to safeguard the rights of the buyer and seller and to avoid later disputes.
The development and realisation of real estate projects requires professional support in order to safeguard all aspects from project development to successful implementation. SAXINGER will support you with the following tasks:
- Advice on project development and financing. This includes raising funds from the point of the initial concept until the project is completed.
- Establishment of commonhold ownership, subsequent appraisal and property sub-division, builder models. These methods structure the legal division and organisation of real estate — all ownership rights and obligations should be clearly formulated.
- Design and clarification of the construction contracts and the commonhold ownership rights in order to safeguard the rights of the owners.
- Building, architect, general contractor and general partner contracts, i.e. contracts that govern the cooperation between clients, architects and construction companies in planning and implementation.
- Advice on all matters of tenancy law (tenancy and lease agreement, commercial lease agreements, tenancy law for landlords).
- Advice on development plans, land use plans and preservation orders. For this, see also: Property owner meetings.
- Facility management contracts and advice on the management of properties, business parks, shopping and office centres.
Conflicts in the real estate sector—whether these concern construction contracts, tenancy law issues or property disputes—can be complex and costly. SAXINGER will effectively represent and defend your interests, especially in the following areas:
- Representation in court disputes with regard to construction contracts and tenancy law matters
- Advice on the right of residence
- Court enforcement of real estate-related claims, which is comprised of the judicial assertion of rights, e. g. in the case of breaches of contract or property disputes
Contact
Your individual interests and the specific risk structure of your real estate project are the focus of our advice. We take into account the particular special features and find the optimal solution for you. SAXINGER represents your interests before the (arbitration) courts and in the legal enforcement of your claims with its law offices in Bratislava.
