Purchase and sale of real estate
Purchase and sale of real estate
As part of our day-to-day business, we assist our clients purchasing and selling real estate. We teach in and write legal literature on the subject. We are actually really good at it
Purchase and sale of real estate is part of the regular work in our real estate and construction department. Our work comprises major property transactions as well as run-of-the-mill property transactions. Basically, they are similar. Only, in major transactions, we add some extra zeros to the figures.
Private transactions
In connection with regular home transactions between homeowners, the property and the terms of purchase must be investigated, although this is not as comprehensive an operation as commercial transactions.
In connection with property transactions, you need to consider e.g. the conditions for purchasing real estate in Denmark, ownership structure, condition of the property, limitations in use and future use, land and environmental aspects, property earnings and expenses, buyer's risk hedging and the seller's possibility of limiting liability for defects, etc.
We assist in the negotiation of purchase agreements and terms of conveyance and assist in closing transactions. We offer attractive fixed prices on all private property transactions.
Commercial transactions
A buyer of a commercial property will normally need to obtain decision-making basis before concluding a transaction. In this connection, we carry out a full legal due diligence process for the buyer. If we are assisting the seller in this transaction, the buyer's due diligence and a data room will be prepared. A legal due diligence process comprises a number of aspects, including e.g. how the property is regulated, whether contamination has been found or is suspected at the property, whether public plans prevent the planned use, whether rent is calculated correctly and an analysis is made of the buyer's risks and potential claims from current or former tenants of a housing or commercial rental property. The legal research is commonly also accompanied by financial and technical research.
Both the seller and the buyer of real estate may require advisory services on the structuring of the transaction, including whether the conveyance of the property takes place in the form of a physical transaction or whether it is the company that owns the property being transacted. The buyer should consider whether the property should be purchased privately or as a company, and the seller should know how the sale will affect the seller in terms of tax.
General
All attorneys and lawyers in the department are used to providing advice on and handling cases regarding purchase and sale of real estate.
For several years, attorney Kristian Dreyer has worked as associate professor at the Academy of Professional Higher Education and taught in the subject. Today, Kristian Dreyer is associate professor in the subject at the Faculty of Law at University of Copenhagen and has written on the subject in "Ejendomsmæglerhåndbogen" ("Handbook for estate agents") (2009), Forlaget Andersen, and "Håndbog i mangler ved fast ejendom" ("Handbook on defects in real estate") (2014).
Attorney Henrik Qwist and attorney Pernille Thrane regularly undertake major and complex property transactions in connection with cooperative housing societies formed by the lessees subject to the provisions on obligation to submit an offer to buy in the Danish Rent Act.