Real estate contracts: purchase and sale, property rights and notarial practices
Robust and legally secure contracts can be helpful when it comes to avoiding disputes. This truism is particularly applicable in the case of real estate transactions, given that such transactions often involve major financial interests and potentially long periods of cooperation. Over the years, GSJ’s teams have acquired considerable expertise in the drafting of various kinds of real estate contracts.
GSJ can offer valuable advice not only during the contract preparation phase but also in the important post-contract phase and when things unfortunately go wrong between parties. A solution can sometimes be found through tough negotiation. Furthermore, when it comes to real estate contracts, in particular purchase and leasing, GSJ’s teams are very familiar with the procedures. And of course disputes about latent defects in the context of purchase and rental disputes are all too common (rental arrears, eviction, etc.).
The purchase and sale of real estate is becoming increasingly regulated. For one thing, the seller is required to comply with more and more information obligations vis-a-vis the purchaser: soil certificates, town planning information, asbestos, archaeology, etc. As a result, a sale becomes an increasingly complex and detailed operation. A sales contract that does not comply with this increasingly stringent legislation can be challenged. Over the years, GSJ have acquired considerable expertise in the drafting of sales contracts (sales agreements, option contracts, etc.) and in the verification of the notarial deeds of sale that are often part and parcel of complex real estate transactions.
Project developers are often looking for alternative legal constructions that can be used in the implementation of projects (often for tax reasons). Nowadays, project development involves much more than just buying and selling plots of land or buildings. In fact, project developers increasingly have to be creative when it comes to combining property rights (superficies, leaseholds, usufruct, easements, co-ownership) to offer their client an appropriate ownership structure for a tailored project. Arrangements such as emphyteusis, superficies and apartment co-ownership are often more flexible and are therefore well-suited to real estate projects that work best with a structure that affords a certain durability. In this regard, project developers must give particular attention to special legislation such as the Breyne Act. GSJ have what it takes to steer project developers through the various phases of a project with the ultimate aim of concluding contracts that meet the requirements of common practice.