PROPERTY

We advise on many aspects related to real estate.

We advise on the purchase and sale of commercial property real estate companies and dwellings.

In connection with the sale of commercial properties, there are sometimes a duty to offer tenants to buy the property, in order to establish a cooperative housing association, and in these cases, we carry out this process. It is important in the first instance to be able to identify when the obligation to tender occurs. If this is the case, it must be considered in the contractual basis between the buyer and the seller, so that the purchase agreement is made conditional on the tenants not utilizing the obligation to offer.

In commercial real estate, taxes and duties also play a major role, and we typically interact with skilled tax experts and accountants in these matters.

Already at the purchase of a property, one can consider his position one wants to be in for a future sale. One can e.g. Consider purchasing the property in a group structure with a company created solely for that purpose, so that it may later sell the equity in it instead of the property – thereby saving the property registration fee at a later sale.

In case of a sale, it may sometimes pay off to transfer the property just before the sale to a new subsidiary (like a restructuring) and then sell the shares in the subsidiary instead of the property itself, but it depends on the circumstances of the case. Buying and selling commercial properties therefore requires expert advice.

We also advise on the conclusion of business lease contracts and on lease terms in a broad sense, both at the conclusion of the contract and during the lease. The premises’ use, tenure, signage, replacement of parties in the lease, maintenance obligations, rental adjustments, terms of termination, business protection, writing, the use of e-mails for demand, etc., and many other terms in the lease often merit an examination and a discussion or a negotiation.

There are many tenancy terms that one cannot agree on to the detriment of the tenant. It is not always fortunate to enter into an agreement that seems beneficial to the landlord if the beneficial effects occur when the tenant later protests – to the landlord’s surprise. Thus, without expert advice, you run the risk of having a lease that provides a different balance of rights and obligations than you thought. As a landlord, one might in lack of professional advice have drawn up lease agreements that bring a false sense of security and suddenly lack protection that the one could have obtained in some other way, but now has lost due to lack of care in the negotiation and design of the agreement.

When it comes to advice about real estate to private individuals, this is especially the case when purchasing a new home. We handle full buyer advice in real estate transactions, including review of all the documents of the trade and advice on this, and dialogue with the broker. In other cases we contribute by writing the deed, making the registration or preparing reimbursement statements. Most people want the full package that provides optimal security, but you can of course order parts of the package, depending on your preferences and needs.

Contact Flemming Keller Hendriksen at +45 70 90 90 60 for further information.