For years, the real estate market has been experiencing dynamic development, which is reflected in the continuous further development of German real estate law, both through new laws and changes in laws as well as legal decisions. As a result, complex requirements must be met by legal advice on all aspects of commercial real estate, which we meet on the basis of our many years of practical experience and continuous monitoring of current developments in the real estate (legal) sector.

Within the real estate industry, we advise institutional investors, real estate operators, housing associations, construction companies, property developers and administrators. Our range of advisory services includes the holistic support of real estate transactions (asset and share deals) and in particular the preparation of due diligence reports, the preparation and management of purchase and sale processes (letter of intent, exclusivity and confidentiality agreements) as well as the preparation, review and negotiation of purchase agreements for real estate.

In addition, we can advise you on the financing, administration, and leasing/renting of commercial real estate (including the drafting of operator and management contracts). Our experience extends to individual properties, residential and commercial portfolios as well as special properties such as wind and solar energy parks, industrial plants, power plants, hotels, and shopping centers.

In a special way, we dealt with the energy requirements of real estate both in the context of new construction and renovation. We develop tenant flow concepts, electromobility, commercial heat supply or neighborhood concepts for you or advise you in individual cases, but also in purchase and sales processes, whether the concepts already developed reveal opportunities or risks for you.

Furthermore, we also support you in helping you to obtain your rights both out of court and in court. The focus here is on the enforcement and defense of claims in complex construction proceedings (including property and construction-related disputes, warranty and guarantee claims from purchase contracts, tenancy law disputes).


| Droit de construction

Claim for land register correction vs. legal situation in rem

A judgment on a land register correction claim does not at the same time also determine the legal situation in rem. This was decided by the BGH in a ruling of February 2018, thus positioning itself on a question that has long been controversial in jurisprudence and literature. In the specific case, legal advisers had sued on behalf of their clients for rectification of the land register, rather than for restitution of property with obtaining a corresponding priority notice. In the opinion of the BGH, this application was not far-reaching enough. Rather, a decision on the ownership situation of the property should have been requested in order to meet the interests of the clients. (BGH, judgment of 09. 02. 2018 - Az. : V ZR 299/14)
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Christian Frohberg
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