Real Estate and Business Law
Securing your transactions, structuring your investments and supporting your development
The firm assists investors, property developers, executives and family groups at every stage of their real estate transactions and asset structuring, from the design and securing of transactions to the management and resolution of disputes.
The firm also assists its clients in business law, both in the incorporation and structuring of companies or the acquisition of businesses (fonds de commerce), and in the management of disputes.
Real Estate Law
The firm's work covers the disposal and enhancement of assets, as well as all disputes relating to these transactions.
In transactional matters, the firm acts both in acquisitions and disposals of real estate assets and in property development and construction projects.
In asset management and enhancement, the firm assists in particular with the negotiation, drafting and performance of civil or commercial leases, and with the amicable or contentious management of landlord-tenant relationships.
Examples of services:
Advisory:
- Negotiation and drafting of commercial leases and off-plan leases (BEFA)
- Legal due diligence of rental portfolios prior to transactions
- Drafting of preliminary sale agreements and settlement agreements
- Assistance with off-plan sales (VEFA) and property development projects
Litigation:
- Recovery of unpaid rent and charges
- Judicial termination of, and notices to quit under, civil and commercial leases
- Proceedings to set or challenge eviction compensation (indemnité d'éviction)
- Disputes over three-yearly rent review and renewal rent
- Acceptance of works and liability of builders and insurers
- Co-ownership disputes and liability of property managers (syndics) and owners' associations
Business Law
The firm's work covers the structuring and development of companies, as well as the related business litigation.
In structuring matters, the firm acts both in the incorporation of companies and the organisation of shareholder relationships, and in the acquisition and disposal of businesses (fonds de commerce) and operating assets.
In the development of business activities, the firm assists in particular with the drafting and negotiation of commercial contracts, partnership agreements and general terms and conditions.
Examples of services:
Incorporation and structuring:
- Company formation
- Drafting of articles of association and shareholders' agreements
- Structuring of shareholding relationships and governance
Business contracts:
- Negotiation and drafting of commercial contracts
- General terms of sale, use and purchase
- Partnership and cooperation agreements
Disposals and transfers:
- Sale of shares and agreements to sell shares
- Warranties and indemnities (garantie d'actif-passif)
- Acquisition and sale of businesses (fonds de commerce) and business assets
The firm's real estate practice is ranked “Forte notoriété” (strong reputation) by Décideurs, in the Real Estate ranking.
Recent matters
A selection of recent matters, presented anonymously, to give a concrete idea of the situations the firm handles and of how it approaches them.
Office building
Several million euros claimed
Defence of a property developer sued by the purchasers
The purchasers sought compensation for defects and delays, relying on the geotechnical survey and an alleged failure to provide pre-contractual information. Defence built on the legal characterisation of the sale, the formal requirements for notifications and the double counting of heads of loss.
Parisian building
Restructuring operation
Vacating a building acquired for works and division into co-ownership (copropriété)
The timetable of the operation depended on the occupants leaving. Negotiation conducted through to a settlement agreement, signed and performed, with no proceedings and no delay for the investor.
Commercial lease
Partial demerger of a company
Transfer of a commercial lease in a group reorganisation
The demerger transferred the lease to a newly formed company. Scope of the transferor's joint and several liability following the universal transfer of assets and liabilities, and scope of the landlord's consent, settled before signing.
Parisian co-ownership
Disputed general meeting resolutions
Syndicate of co-owners sued by a majority co-owner
Challenge to several general meeting resolutions, together with claims over a common passageway and staircase. Targeted concession strategy aimed at obtaining a discontinuance of both the proceedings and the claim, and a written agreement on the remaining issues.
Anonymised matters, published without any information enabling the parties to be identified. The situations described are specific to each case and do not imply any particular outcome.
A real estate transaction or dispute to secure?
Sale, commercial lease, co-ownership, construction: the time limits for taking action are short and often run from a date one does not have in mind. Set out your situation; the firm will tell you within twenty-four business hours whether it can act, within what timeframe and on what terms.
Gloria Avocats, your trusted legal partner
By email or by telephone, the firm will answer all your questions.
