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Commercial Real Estate

Buying & selling

 

If you are acquiring or disposing of commercial real estate whether for investment or otherwise then we can help guide you smoothly through the process from start to finish.

We also have experience of auction sales and purchases, contracts conditional on planning and more complex transactions subject to options, overage or clawback. 

“Very professional, knowledgeable and accessible lawyers.” 

Chambers and Partners

FAQs – Buying and Selling

Due diligence is necessary to ensure you know enough about the property to be able to make an informed decision on whether the transaction is an appropriate investment for your business. You do the following before entering into the transaction:

  • check title documents, leases and contracts currently related to the property
  • carry out inspections of the site for any defects or maintenance issues
  • check financing options available to you
  • commission a surveyors’ and valuers’ reports to determine the value and condition of the property

Heads of terms set out the main terms agreed between the parties. They are used towards the beginning of the transaction to indicate an agreement in principle between the parties, and outline the timescales and each parties’ obligations in the process.

However, the parties are not legally obliged to enter into a contract on those terms or at all.

Following completion, you will need to pay any Stamp Duty Land Tax owed on the transaction, if any, and register it with the Land Registry, if capable of registration, within a specified period in most instances.

As the owner of a freehold interest, you are the owner of the land and the buildings and that ownership is not limited by time. A leasehold interest is not so simple. You hold an interest that is limited to the length of the lease.

The landlord retains ultimate ownership of the property, and the lease sets out the details of the relationship between the tenant and the landlord. Many property transactions are conducted on this basis.

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Read, listen and watch our latest insights

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  • 02 May 2017
  • Commercial Real Estate

Found the perfect venue? Watch out for hidden costs

Starting up your own business can be tough, but dealing with the consequences of poor planning is even tougher. Real Estate partner Simon Ralphs and Clare Garner from Prestige Business Solutions outline the top things to look out for when searching for your perfect location

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  • 20 March 2017
  • Commercial Real Estate

Business Rates: Liability Where Property Undergoing Substantial Refurbishment

The Supreme Court recently considered whether commercial premises undergoing substantial redevelopment works had to be valued on the day of valuation for business rates as if they were still a useable office.

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  • 20 March 2017
  • Commercial Real Estate

Property Guardians – Assured Shorthold Tenants?

Property guardianship schemes have become a popular way for landlords to protect their empty properties from squatters and vandalism. For the property guardians, the schemes typically offer plentiful living space at low cost in otherwise expensive cities.

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  • 06 March 2017
  • Commercial Real Estate

Don’t be Hospitable to Cyber Attackers

Many key players in the global hospitality industry have fallen victim to cyber attacks over recent years, including the Hilton, the Trump Hotels and the Mandarin Oriental.

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  • 06 March 2017
  • Commercial Real Estate

Replies to Enquiries – Misrepresentation

The importance of giving accurate and full information in replies to enquiries has been underline by a recent case in which a tenant successfully counterclaimed against its landlord for the cost of remedial works for asbestos removal and associated costs of temporary accommodation.

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  • 25 January 2017
  • Commercial Real Estate

VAT Payable: Surrender of Lease or Exercise of Break Clause?

On the surrender of a Lease, it is always necessary to consider whether any VAT will be payable on any payment made by either the Landlord or the Tenant.

We have always been impressed with the speed and reactivity displayed by the Clarkslegal Commercial Property team and their ability to make complex situations seem more straightforward.” 

Crown Europe

“It has been an immense pleasure to work closely with this firm that takes great care of its clients. The professionals are of the highest calibre and diligence.” 

Orkhan Eyyubov, Founding Director – New Canada Capital