REAL ESTATE

FAIRWAY lawyers advise in the following areas:

Real estate acquisitions and sales
Audit of assets (buildings, company shares, leasing contracts) and entities holding such assets, organization and management of data rooms, negotiation and drafting of framework agreements, preparation of related guarantees, share purchase agreements, business purchase agreements, etc. on behalf of institutional investors and collective investment funds (such as French OPCI and SCPI).
Leases and property management

Negotiation and drafting of all rental agreements (commercial leases, short-term leases, precarious occupancy agreements, and civil law leases), management mandates, marketing mandates, transfer of lease rights, etc.

Property development

Legal structuring, drafting and negotiation of framework agreements, sales before completion, development contracts, property volume divisions, long-term leases etc.

Construction

Negotiation and drafting of construction contracts, delegated project management, project management contracts, project assistance contracts, architects’ contracts, preventive summary proceedings, expert and other legal opinions, etc.

Structuring – Private Equity

Legal and tax structuring, and creation of real estate investment vehicles (particularly French OPCI).
Joint Ventures development, either national or European, and creation of partnerships building in the context of sale and leaseback portfolios or complex investments.

Tax

Assistance in connection with the acquisition, financing and sale of real estate portfolios and real estate companies (audits, structuring, obtaining prior regulatory approvals when needed in the context of more complex projects), general property taxes (VAT, registration fees, 3% fees, local urban planning taxes, etc.), special taxation of French SIICs/OPCIs and other entities in the real estate market (property dealers, developers, etc.), tax audits and litigation.

Co-ownership properties

Co-ownership regulations, analysis and assistance in the resolution of problems encountered.

Financing/ Refinancing

Structuring, negotiation and finalization of the legal documentation related to basic and structured financing.

Financial restructuring transactions under safeguard and/or receivership proceedings.

Litigation

Commercial litigation and pre-action claims (enforcement of representations and warranties involved in the context of disputes involved by commercial contracts and/or sales of company shares, unfair termination of negotiations, etc.).

Litigation and resolution of real estate disputes (builders statutory liability, lease terminations, rent adjustments, restitution of premises, indexation clauses, etc.).

Environment

Assistance in connection with the acquisition, financing and sale of real estate assets and real estate companies as well as with insolvency proceedings (due diligence, contracts negotiation and liability guarantees).

Analysis and advice in connection with industrial environmental law issues (classified facilities, pollution, waste….) and with real estate environmental law (green lease, asbestos, legionella…).

Environmental Law litigation and pre-action claims (internal administrative appeal, appeal before administrative courts, civil and criminal litigation).