REAL ESTATE

We provide legal services in connection with real estate purchase transactions, property commercialization as well as investment projects. For many years, our lawyers have advised, among others, financial institutions recognized on the Polish market, whose scope of activity includes real property acquisition financing.

We provide comprehensive advice in the area of analysing, negotiating and executing construction work contracts, real estate purchase contracts, leases and other agreements concerning the use of real estate.

Our scope of advisory includes:

  • Due diligence reviews of real estate as well as owners or perpetual usufructuaries of real estate;
  • Risk identification and mitigation/elimination (e.g. defectiveness of administrative decisions, existence of pre-emption rights);
  • Tidying up the legal status of real estate and companies before transactions, taking measures to strike off mortgages, encumbrances and third party rights from title and mortgage registers;
  • Legal support for real estate sales transactions (asset and share deals alike);
  • Drafting transaction documentation for real estate acquisition deals and legal support in structuring investment financing, including collateral security documentation;
  • Resolving current problems arising in the course of the transaction, negotiating real estate acquisition documentation, legal support in obtaining transaction financing or refinancing (leasing and loan agreements),
  • Drafting and negotiating rental, lease, construction work contracts, support of outlet commercialization processes.

Examples of projects completed by our lawyers:

  • Construction of a mineral water bottling plant.
    Advising the client in the course of an investment project involving the construction of a mineral water bottling plant.
    The project was delivered as a greenfield investment, with a neighbourhood conflict in the background threatening to halt the investment process.

  • Acquisition of leased real estate.
    Advising on a lease financing project involving the purchase of four properties developed with two shopping malls, where the proceeds from the lease of one mall were used to finance the acquisition of the other mall and to repay debt to a bank consortium which secured its receivables by way of a mortgage established on the property purchased.

  • Sale of real property encumbered with the right of first refusal.
    Advice on the sale of real estate encumbered with the right of first refusal vested in the State Forests Agency and the local municipality.