Real estate law Archives - GOLDWIN Avocats

Real estate law

Co-ownership, construction, real estate sales and transactions, subletting, AIRBNB, commercial leases, residential leases, construction, real estate sales, auctions, latent defects, neighborhood disturbances, real estate development, recovery of charges…

Our lawyers provide strategic support for your property purchase, construction, rental or management project. They will also defend your interests in the event of a dispute before the courts.

Real estate law

What’s a real estate lawyer?

Your real estate lawyer specializes in all legal issues relating to real estate assets. He is equally at home in administrative law (town planning and public works) and private law.

Indeed, real estate law touches on fields as varied as property law, construction law (project management, subcontracting), co-ownership law (organization of buildings and relations between occupants), residential leasing law or commercial leasing law and relations between lessor and lessee.

With its multi-disciplinary team of experts, Goldwin can support you at every stage of your real estate law project: legal and tax audits, risk analysis, contract drafting and litigation management. Our aim: to ensure the success of your operation by providing pragmatic solutions and safeguarding your interests.

Our strategic support in real estate law in Paris


Advice: the weight of expertise in real estate law

Let’s define an effective property management strategy together! In an increasingly complex legislative environment, the Goldwin law firm can provide you with a comprehensive service ranging from real estate law advice to assistance in the event of litigation.

Real estate advice covers a wide field. Whether it’s a question of property management in your family estate, a neighborhood disturbance, hidden defects, faulty construction of your house, or a tenant who doesn’t pay his rent, your lawyer will guide you to resolve the problem.

Negotiating and drafting contracts in real estate law

A quality contract is undoubtedly the best way to protect yourself in the event of a dispute. That’s why Goldwin can help you negotiate and draft all the deeds involved in your real estate project:

  • Deed of purchase or real estate sales contract;
  • Management of mortgage documents;
  • Legal and tax management of property transfers;
  • Drafting of leases: residential or commercial.

Dispute resolution in real estate law

A real estate dispute can pit you against a number of different players in the sector: a property developer, a private buyer or seller, your tenant, your property manager, a building works company or a general contractor. To deal with these players, who are as varied as their field of activity, you need the support of an expert! That’s why Cabinet Goldwin’s lawyers put their experience and skills at the service of a strategic plan adapted to the resolution of your real estate law disputes.


Our areas of expertise in real estate law


Real estate sales

Your real estate lawyer can advise you from the very start of your project, whether it involves applying for a building permit, a VEFA or simply learning about its impact on your financial situation. He can also help you draw up your preliminary sales agreement and your deed of purchase or sale. But he can also handle all disputes relating to real estate sales, such as :

  • Promise to sell litigation;
  • Cancellation of real estate sales;
  • Mortgages raised at the time of sale;
  • Property seizures.

Residential leases

Cabinet Goldwin’s expertise also includes assisting you with the entire management of a residential lease. Call on our lawyers to draft your leases, precarious occupancy agreements and surety agreements.

We can also help you with :

  • Disputes relating to rent: disputes over unpaid rent, rent increases, recovery of rental charges, etc;
  • Disputes relating to lease conditions: duration, resolutory clause, termination of lease, notice to sell, irregular subletting, Loi 48 leases, furnished rentals, HLM;
  • Litigation concerning the upkeep of the property: rental repairs, compensation for rental repairs, reimbursement of the security deposit;
  • Disputes relating to eviction: occupation without right or title, eviction proceedings.

Commercial leases

Our experts can also help you with commercial leases. From negotiation to drafting your 3 6 9 lease, your real estate lawyer will guide you towards the solution best suited to your situation.

  • What is the procedure for despecializing a lease?
  • How to renew a commercial lease?
  • What is the rental value of my property?
  • How do I set a new rent?
  • What rules apply to rent increases?
  • How do I give notice and when do I have to pay eviction compensation?
  • What to do in the event of unpaid rent?
  • How do I declare my rent claim to the lessee’s collective proceedings?
  • Take advantage of the expertise of a commercial lawyer for advice or to resolve a legal dispute.

Construction law

In addition, our comprehensive expertise in both public and private law enables us to offer our clients a full range of construction law services:

  • Advice on drafting works contracts and subcontracts;
  • SFSC, the sales in the future state of completion, with implementation of guarantees of perfect completion;
  • Judicial appraisals: preventive injunctions, precautionary measures;
  • Town planning issues: building permits, administrative appeals.

We can also work alongside you in disputes relating to biennial and decennial warranties, or hidden defects, to challenge the liability of those involved in the construction process (prime contractor, project owner, site abandonment, subcontractors).

Co-ownership management

When it comes to drawing up coownership regulations or managing a dispute between co-owners or with the property manager, your team of expert lawyers can put their know-how to good use. In practice, there are many disputes in the life of a co-ownership. That’s why Goldwin offers you comprehensive support in all aspects of co-ownership law:

  • Recovery of co-ownership charges;
  • Neighborhood disturbances;
  • Irregular annexation of common areas;
  • Construction defects;
  • The liability of the condominium manager;
  • Problems arising from the succession of managing agents.

Real estate and property taxation

Real estate law also extends to tax optimization. Whether you are an individual or a company, contact your expert lawyer to establish a real estate tax strategy and optimize your real estate assets.

Companies can take advantage of various real estate and tax incentives to optimize their real estate holdings. Individual investors can also take advantage of a variety of tax incentives, depending on their investment objectives:

  • LMNP empty or furnished rental;
  • Tax-exempt real estate transactions;
  • Creation of an SCI or structuring in the form of a group;
  • Property stripping to benefit from the advantages of both corporation tax and personal income tax;
  • Asset transfer at lower tax cost;
  • IFI avoidance strategy.
  • For a comprehensive analysis of your assets and to defend your interests, contact your real estate lawyer!


Our lawyers

When should you call on the services of a real estate lawyer?

Real estate lawyer for individuals

For everyday transactions

You can call on the services of a real estate lawyer whenever a property is at stake:

  • Acquisition, rental or sale of real estate;
  • Drafting contracts and deeds of disposal;
  • Creation of real estate assets: advice and assistance in setting up an SCI;
  • Property construction;
  • Administration of a syndicate of co-owners (in the event of difficulties).

For a dispute

A real estate lawyer can also intervene in a dispute involving a private individual:

  • Between tenant and landlord: rent collection, lease renewal, revision of lease conditions, eviction.
  • Between buyer and seller: non-conforming delivery or latent defects, termination of a promise to sell or compromis de vente.
  • Between co-owners: collection of charges, contestation of general meeting decisions, liability in the event of damage.

Real estate lawyer for professionals

During the construction of a property, many conflicts can arise.

In the event of a real estate dispute, calling in a real estate lawyer is a pragmatic decision: the lawyer provides information on the area of responsibility of each professional and on the rules applicable to the conflict.

In particular, he can advise and/or defend you in :

  • Conflict with the property developer: implementation of the guarantees to which the developer is bound (ten-year guarantee of the property’s solidity, two-year guarantee of accessories and guarantee of perfect completion on delivery).
  • Conflict with the construction company: poor contract performance, failure to comply with legal warranties, subcontractor liability.
  • Conflict with the architect: design defects, failure to comply with town planning regulations.
  • Conflicts with local authorities: refusal of planning permission, non-compliance with planning regulations, pre-emption, public contracts.

When a public authority comes into play, the real estate lawyer shares his expertise with the public law lawyer.



Our lawyers work in these areas:

Your real estate lawyer specializes in all legal issues relating to real estate assets. He is equally at home in administrative law (town planning and public works) and private law.

What is real estate law?

Real estate law encompasses all the rules specific to real estate. It is a branch of property law, dealing with real estate and its management. It is part of both private and public law.

It covers several areas:

  • Residential leases: advice and assistance in drafting leases, guarantee commitments, occupancy agreements, recovery of unpaid rents, validation and contestation of vacation notices, lease renewals, setting of renewed rents, etc.
  • Commercial leases: assistance with drafting and analysis of commercial leases, negotiation of clauses, assistance with transfers of leasehold rights and goodwill, triennial review, de-capping, setting of eviction compensation, recovery of unpaid rent, validation and contestation of notices of termination, procedure for setting renewed rent, etc.
  • Co-ownership law: management of the relationship between co-owners and their association, appointment of syndic, organization of meetings, control and distribution of charges, information on the rights and obligations of co-owners, neighborhood disturbances, disorders of common or private areas, procedure for appointing an expert, management of disputes, recovery of unpaid charges, damage to common areas, etc.
  • Real estate sales law: promises to sell, preliminary sales agreements, suspensive and resolutory clauses, security deposits, legal or judicial mortgages to secure creditors’ rights, litigation management, forced sales, latent defects, negotiation of immobilization indemnities, etc.
  • Construction law: legal warranties (biennial, triennial, decennial), latent defects, subcontractor liability;
  • Planning law: planning regulations, building permits;
  • Mortgage law;
  • Common law: neighbor disputes;
  • Land and trade association law;
  • Public property law;
  • Law applicable to certain specialized professions (real estate agents, notaries, architects, project managers, etc.).


They trusted us

Brilliant team. It’s a pleasure to work with a competent, efficient and reliable law firm. Cases are taken VERY seriously. Jonathan and his associates are extremely efficient. I highly recommend them.

Alexandre Chombeau

Maitre Jonathan Bellaiche, the firm’s founder, is more than a lawyer, he’s a strategist, a chess player with a long-term vision who anticipates everything.

Thanks to him and his team.

Yanis Abbas

Responsiveness, a sense of service, determination and mastery of the subject… proven on several projects.

François T.

A golden law firm! Maître Zahedi, Maître Bellaiche and all the firm’s associates make up a formidable team of efficiency, integrity, professionalism and responsiveness. It’s great to be able to count on professionals who are committed and exemplary, adapting to often tight deadlines. With this law firm you can sleep soundly and peacefully, I fully recommend it and would like to thank Maître Zahedi once again for his efficiency and exemplary handling of our case.

Cécile LEDUC

Very warm welcome. A very straightforward professional. Very attentive and selfless. Very efficient. Many thanks.

Philippe J.

Magnificent firm 100% success on my procedures

Alex A.

The Goldwin firm,
met my expectations in more than just a professional way, we’re talking human here. Not paternalistic, the firm was able to answer questions, without fault, in an honest way, and this without prejudice, by principle of the laws, by principle simply. Thank you for everything.

Aby Turpin
Some questions ? Contact our firm
Some questions ? Contact our firm