Transactions & financing: control over risks and returns in every real estate deal
Transactions are the beating heart of the real estate sector. Whether it concerns purchase, sale, refinancing, or restructuring, every real estate deal requires thorough preparation, careful analysis, and a rock-solid legal and tax foundation. In a market where interests are high and regulations change rapidly; an integrated approach is essential to manage risks and create value.
Due diligence in real estate: insight up front prevents surprises later
A successful transaction starts with thorough due diligence. Identifying legal, tax, technical, and commercial risks is essential for both buyers and sellers. Consider, for example:
- Ownership structures, easements, and restrictions
- Lease agreements, ongoing obligations, and environmental aspects
- Tax status of the real estate, such as VAT and transfer tax positions
- Underlying financing structures and potential claims
By identifying these risks in advance, parties can respond to issues in a timely manner and avoid unpleasant surprises during the transaction. HVK Stevens guides this process from start to finish, with multidisciplinary teams that clearly identify risks and pave the way for a smooth, well-founded transaction.
Tax & legal advice: for both seller and buyer
Both the seller and the buyer have an interest in careful legal and tax advice. For the seller, this means optimizing the sales structure, minimizing tax claims, and clearly formulating guarantees. For the buyer, it is essential to know for certain that the property being purchased is free of unforeseen obligations and that the financing and operation are optimally structured from a tax perspective.
Strategic advice focuses on, among other things:
- The choice between an asset deal or a share deal, depending on tax and commercial objectives
- Structuring the transfer for tax or commercial reasons
- Properly recording agreements in purchase agreements and associated guarantees
Security rights: certainty for all parties in real estate transactions
Financing real estate almost always requires the establishment of security rights. Mortgages, pledges, or other security structures give financiers the certainty they need to grant loans. But it is also important for investors and sellers to know what rights attach to the real estate and how these can be managed or transferred. Our experts identify in a timely and accurate manner which rights attach to the real estate and how these can be managed or transferred. This prevents disputes during the transaction and increases the financeability of the real estate.
Contracts: the backbone of a successful real estate deal
Clear and well-thought-out contracts form the basis of every real estate transaction. From letters of intent and purchase agreements to warranty statements and security documentation: every detail counts. A good contract translates agreements into clear rights and obligations and provides guidance in the event of disputes or unforeseen circumstances.
Our multidisciplinary teams of legal and tax specialists ensure that contracts are in line with practice and that the interests of all parties are protected in the long term.
A solid foundation for security, value, and trust
With an integrated approach to due diligence, advice, security rights, and contract formation, you lay the foundation for successful and future-proof real estate transactions. Would you like to know more about the key considerations in real estate deals or financing? Our advisors will be happy to discuss the options with you.
