Real estate transactions – Team RET

Real estate transactions are as varied as real estate itself and as the economic background to their purchase and sale. Orth Kluth established the Real Estate Transactions Team ("RET") in order to provide interdisciplinary services covering real estate transactions in all legal fields. Team RET members combine expertise in real estate law as well as corporate/M&A with in-depth industry-specific know-how.

Various demands on real estate transactions

There is no such thing as “the” real estate transaction: A transaction may be the prelude to a project development, subsequently sold by way of a forward deal and financed by forward funding and loans. The aim may be to sell premises which are no longer required for operational business or to buy (further) real estate in favour of the company. A real estate transaction may serve to accumulate (long-term) assets, e.g. for a family office, or contribute to an investment strategy of institutional investors who are required to meet regulatory criteria.

Our RET team of lawyers will not just advise you on the standard topics for real estate transactions. Together with you, they will also highlight the special features of the respective transaction structure in order to achieve the best possible outcome for you in all areas.

The execution of your real estate transaction

Be it a project developer, institutional investor, corporate real estate unit or private investor – Team RET is a partner at your side who identifies the relevant legal issues within each transaction constellation and can convert any complex context into comprehensible solutions.

Team RET advises you in all phases of an acquisition or sale of real estate as well as of companies holding real estate assets – ranging from feasibility studies to structuring the transaction, preparation and execution of due diligence, drafting and negotiation of contracts, signing and closing, up to completion of outstanding obligations after closing.

The approach of Team RET

Based on our expertise in the fields of construction and real estate law as well as corporate/M&A, Team RET consistently bundles all competencies required for the professional and efficient support of real estate transactions. We create tailor-made teams for every single real estate transaction. Our know-how and expertise concerning complex acquisitions and sales of companies outside the real estate sector constantly contribute not only to share deals, but also to overall project management – covering all stages from due diligence to the execution of transactions.

As our client, Team RET will be your experienced partner, which acts as your key point of contact, coordinating all activities and answering your questions at any time. We involve additional experts, e.g. from the fields of financing, public or construction law, whenever their expertise is required depending on the specific circumstances of each transaction.

Spectrum of services in real estate transactions

  • Feasibility Study – Prior to committing yourself to a project, we support you with the legal preliminary examination of its feasibility in terms of desired use and construction.
  • Broker agreements – In the case of challenging market conditions requiring the assignment of a broker, we will draft the relevant agreement.
  • Heads of Terms – In order to prepare negotiations and due diligence processes, we design the basis for a structured contract initiation.
  • Due Diligence – We advise on efficient, risk-adequate due diligence and address all legal issues, including real estate and corporate law, as well as financing and public law.
  • Share Purchase Agreement (Share Deal) – We draft and negotiate the share purchase agreement either on the buyer or seller side, even as a forward deal.
  • Property purchase agreement and heritable building rights (Erbbaurechte) (Asset Deal) – We draft and negotiate property purchase and heritable building rights agreements both for buyers and sellers regarding all types of real estate.
  • Joint Venture – Alongside the real estate transaction, we also organise the parties contributions and their remuneration within the framework of project developments in partnership.
  • Structuring of sales objects – We support you in optimising the legal situation of a target in order to achieve its full economic value.
  • Financing – Whether shareholder loans, classic bank or syndicated financing or forward funding, we advise you on the drafting of financing agreements.
  • Tendering – We assist you in selling real estate in a tender process to achieve the highest-possible market rate.
  • W&I-Insurance – If you intend to insure the purchase or sale of your property, we structure your transaction along with the most important Warranty & Indemnity brokers and insurers.
  • Real Estate Leasing / Sale and Lease Back – We are well acquainted with the contractual standards of the leading market operators for real estate leasing in terms of design and negotiation.
  • Transaction processing before and after closing – We guide you in finding the right solutions if legal difficulties arise either during preparation, during or after closing.
  • Notary – Our notary is at your disposal for all aspects of a transaction requiring notarisation or certification. Needless to say, this entails the notarial duty of neutrality.