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French Real estate Law lawyer
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What’s a real estate lawyer?
Your real estate lawyer specialises in all legal issues relating to real estate assets. He/she intervenes in administrative law (urban planning and public works) as in private law.
Indeed, real estate law reaches fields as varied as property law, construction law (project management, outsourcing), co-ownership law (organisation of buildings and relations between occupants), residential leasing law or commercial leasing law and relations between lessor and tenant.
With its multi-disciplinary team of experts, Goldwin firm can support you at every stage of your real estate law project: legal and tax audits, risk analysis, contract drafting and litigation management. Our objective: to ensure the success of your operation by providing pragmatic solutions and securing 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 lawyers firm assists you in a complete services range 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, latent defects, defect construction of your house, or a tenant who doesn’t pay his/her rent, your lawyer will guide you to resolve the problem.
Negotiating and drafting contracts in real estate law
A top tier quality contract is undoubtedly the best way to protect yourself in the event of a dispute. That’s why Goldwin firm can help you to 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 confront you to 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 those operators, who are as varied as their field of activity, you need the support of an expert! That’s why Goldwin’s lawyers firm 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 sale in the future state of completion or simply learning about its impact on your financial situation. He/ she can also help you to write your preliminary sales agreement and your deed of purchase or sale. But he/she can also handle all disputes relating to real estate sales, such as :
- Sale commitment litigation;
- Cancellation of real estate sales;
- Mortgages raised at the time of sale;
- Property seizures.
Residential leases
Also, Goldwin’s expertise helps you with the entire management of a residential lease. Call on our lawyers to write your leases, unstable 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, termination clause, termination of lease, sale notice, irregular subletting, Law N°48 about leases (To be subject to the Law N°48, “an accomodation has to be built before 1948, September 1 in cities or surrounding cities with more than 10000 inhabitants. The tenant has to have lived in this accomodation before 1986, December 23rd), furnished rentals, social housing
- Litigation concerning the upkeep of the property: rental repairs, compensation for rental repairs, refund 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 writing your 3, 6, or 9 years lease, your real estate lawyer will guide you towards the solution best suited to your situation.
- What is the procedure for despecialising 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 writing building contracts or outsourcing contracts;
- Sale in the future state of completion, the sales in the future state of completion, with implementation of guarantees of perfect completion;
- Legal expertises: emergency interim proceedings, protective measures;
- Urban planning issues: building permit, administrative submissions.
We can also work alongside you in disputes relating to biennial and decennial warranties, or latent defects, to challenge the liability of those involved in the construction process (prime contractor, project owner, building site abandonment, subcontractors).
Co-ownership management
When it comes to writing a co–ownership 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’s firm 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 property manager;
- Problems arising from the succession of property managers.
Real estate and property taxation
Real estate law also extends to tax optimisation. Whether you are an individual or a company, contact your expert lawyer to establish a real estate tax strategy and optimise your real estate assets.
Companies can take advantage of various real estate and tax incentives to optimise their real estate holdings. Individual investors can also take advantage of various measures, depending on his/her property investment objectives:
- Non-professional lessor of a furnished rental, empty or furnished rental;
- Tax-exempt real estate transactions;
- Creation of a real estate investment company or structuring in the form of a group;
- Property dividing to benefit from the advantages of both corporation tax and personal income tax;
- Asset transfer at lower tax cost;
- Real estate wealth tax avoidance strategy.
For a comprehensive analysis of your assets and to defend your interests, contact your real estate lawyer!
TRIAL
Our victories in Real estate law
Our dedicated team of lawyers work tirelessly to defend your interests, providing you with tailored legal solutions and high-quality representation
Service
Our dedicated team of lawyers work tirelessly to defend your interests, providing you with tailored legal solutions and high-quality representation
When should you call on the services of a real estate lawyer?
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;
- Writing contracts and deeds of disposal;
- Creation of real estate assets: advice and assistance in setting up a real estate investment company;
- Property construction;
- Property management administration 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 lessor: rent recovery, lease renewal, revision of lease conditions, eviction.
- Between buyer and seller: non-conforming delivery or latent defects, termination of a sale commitment or preliminary sale agreement.
- Between co-owners: charges recovery, contestation of general meeting decisions, liability in the event of damage.
During the construction of a property, many conflicts can arise.
In the event of a real estate dispute, call on a real estate lawyer is a pragmatic decision: the lawyer provides information on the area of liability of each professional and on the practical rules to the conflict.
In particular, he/she can advise and/or defend you in :
- Conflict with the property developer: implementation of the guarantees to which the developer is bound (decennial warranty of the property’s solidity, biennial warranty of accessories and warranty 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 urban planning regulations.
- Conflicts with local authorities: refusal of building permission, non-compliance with urban planning regulations, pre-emption, public contracts.
When a public authority comes into play, the real estate lawyer shares his/her expertise with the public law lawyer.
Real estate law covers 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 writing leases, payment guarantee, occupancy agreements, recovery of unpaid rent, validation and contestation of notices, lease renewals, setting of renewed rents, etc.
- Commercial leases: Assistance with the writing and analysis of commercial leases, negotiation of clauses, assistance with the transfer of leasehold rights and business assets, triennial review, rent increasing, setting eviction compensation, recovery of unpaid rent, validation and contestation of notices, procedure for setting renewed rent, etc.
- Co-ownership law: Relations management of property management companies and owners, appointment of property management companies, organisation of general meetings, control and distribution of charges, information on property owners’ rights and obligations, neighborhood disturbances, damage to 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: Sale commitment, preliminary sale agreement, suspensive and termination clause, security deposit, legal or judicial mortgages to secure creditors’ rights, litigation management, forced sale, latent defects, negotiation of immobilisation compensation, etc.
- Construction law: Legal warranties (biennial, triennial, decennial), latent defects, subcontractor liability;
- Urban planning law: Urban planning regulations, building permits ;
- Mortgage law: Common ownership law and neighbor disputes
- Land associations law and trade unions
- Public domain law
- Practical law to certain specialised professions
- Real estate agents, notaries, architects, prime contractors, etc.
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