KUCERA - Real Estate Matters

Our speciality is the legal consultation in real estate matters. We advise on the acquisition, use and management as well as on the disposal of real estate.

Real Estate

In the area of general real estate law, our focus is on developments and asset management.

Developments

KUCERA provides ongoing advice on the development and realisation of real estate projects. We are involved in all phases of a project development transaction, starting with the feasibility study and financial viability review right through to the realisation and commercialisation of the project through sale, lease and management. Our advisory also includes ensuring legal certainty through the project’s documentation, making it clear and comprehensible to both commercial and technical staff.

Service offering:

  • Founding and managing property companies
  • Joint venture agreements
  • Drafting agreements with parties involved in construction, particularly with general planners, project managers, architects and engineers, as well as building contractors (general contractors subcontracting all or part of construction work)
  • Drafting loan agreements for bridge financing
  • Purchasing and securing project properties
  • Developer contracts
  • Urban development contracts, public services and infrastructure development contracts

Asset Management

In the areas of asset management, we provide advice on managing existing properties with a view to preserving and increasing their value. Our activity relates to all factors that can increase or stabilise the earnings strength of the property. That particularly includes the conclusion of lease agreements and contracts of service providers relating to the property. The focus is on issues relating to the reliable drafting of lease and leasing contracts as well as property and facility management.

Service offering:

  • Drafting and negotiating lease agreements and amendments to lease agreements
  • Advising in connection with all legal issues that may arise in the course of the lease relationship, e.g. with operating cost invoices or questions relating to the differences between the obligations of lessor and lessee in the area of preventative and corrective maintenance as well as basic repairs
  • Service agreements relating to the property, such as asset management, facility management or broker agreements
  • Advising on lessor or lessee insolvencies
  • Acting as counsel in litigation, representation in court

 

Transactions

We advise on the acquisition and sale of properties, whether in asset or share deals. Our activity covers tax and corporate law structuring of property investments, advice on purchasing including due diligence, as well as special aspects in the acquisition or sale of properties by regulated investors. Our comprehensive transaction know-how results from our many years of experience in providing advice in the retail, office, residential, hotel and healthcare fields.

With a scalable team of specialised lawyers, we can also routinely handle complex deals, in particular portfolio transactions. Thanks to the uniform specialisation of all our professionals, our team size easily measures up to that of the big law firms.

Service offering:

  • Real estate due diligence (sell and buy side)
  • Tax structuring
  • Ongoing advice during structured bidding procedures
  • Founding of property companies and joint ventures
  • Structuring and financing of real estate investments
  • Portfolio transactions
  • Handling special cases, in particular open- and closed-end property funds, cross-border equity investment, syndicated or securitised loan commitments (CMBS)
  • Sale during sequestration or insolvency procedures
  • Real estate auctions
  • Realisation in foreclosure procedures

Finance

KUCERA possesses extensive expertise in the fields of real estate financing and refinancing as well as restructuring of real estate portfolios in crisis. One area of focus is on the sale and realisation of loan receivables and collateral.

Our real estate finance lawyers also possess expertise thanks to their many years of in-house work for a leading servicer of a US private equity fund and for a UK private equity fund focused on investing in subordinate loan tranches (referred to as B-note investments) and their restructuring.

Our clients are institutional real estate investors, banks and financial winding-up vehicles (bad banks), special servicers and real estate private equity funds.

Service offering:

  • Transaction financing, including drafting of senior and mezzanine structures as well as sale-and-lease-back finance
  • Corporate- and real estate-law structuring (entity structuring)
  • Finance structuring (including preferred equity, pari passu joint ventures, covenant restructuring, intercreditor and subordination structuring, debt and equity financing)
  • Non-performing loan situations, particularly in the case of insolvencies, foreclosures and receiverships

Hotel

KUCERA has a broad and long-standing experience in consulting hotel operators, hotel project developers and hotel investors.

Service offering:

  • Consulting on lease, management and franchise agreements for hotels of all categories
  • Enforcement and defence of claims arising from hotel operator contracts

Litigation

Even in property investments, legal disputes may arise. In the interest of a cost-efficient resolution, we first of all seek to settle disputes out of court. In the past, this has been successful in a large number of cases. We moreover have experience in alternative dispute resolution procedures such as mediation and arbitration. Whenever necessary, we represent our clients before the courts – we have many years of experience in litigation.

Service offering:

  • Disputes over warranty claims under acquisitions (both for asset and for share deals)
  • Disputes relating to calculation of severance or profit distribution claims under joint ventures
  • Disputes relating to existing termination options for lease agreements
  • Other disputes in connection with (failed) investments