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Commercial Real Estate

Buying & selling

 

If you are acquiring or disposing of commercial real estate whether for investment or otherwise then we can help guide you smoothly through the process from start to finish.

We also have experience of auction sales and purchases, contracts conditional on planning and more complex transactions subject to options, overage or clawback. 

“Very professional, knowledgeable and accessible lawyers.” 

Chambers and Partners

FAQs – Buying and Selling

Due diligence is necessary to ensure you know enough about the property to be able to make an informed decision on whether the transaction is an appropriate investment for your business. You do the following before entering into the transaction:

  • check title documents, leases and contracts currently related to the property
  • carry out inspections of the site for any defects or maintenance issues
  • check financing options available to you
  • commission a surveyors’ and valuers’ reports to determine the value and condition of the property

Heads of terms set out the main terms agreed between the parties. They are used towards the beginning of the transaction to indicate an agreement in principle between the parties, and outline the timescales and each parties’ obligations in the process.

However, the parties are not legally obliged to enter into a contract on those terms or at all.

Following completion, you will need to pay any Stamp Duty Land Tax owed on the transaction, if any, and register it with the Land Registry, if capable of registration, within a specified period in most instances.

As the owner of a freehold interest, you are the owner of the land and the buildings and that ownership is not limited by time. A leasehold interest is not so simple. You hold an interest that is limited to the length of the lease.

The landlord retains ultimate ownership of the property, and the lease sets out the details of the relationship between the tenant and the landlord. Many property transactions are conducted on this basis.

Key contacts

Read, listen and watch our latest insights

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  • 20 January 2017
  • Commercial Real Estate

Contractual Term of a Protected Lease

For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?

Pub
  • 18 January 2017
  • Commercial Real Estate

Real Estate Bitesize Series: Franchising – A good way to grow?

In this webinar our franchise expert, Simon Ralphs, will reveal his top property tips for franchisees looking to become part of a franchise. Should you wish to discuss any of the issues highlighted in the webinar or you would like further information on Clarkslegal, please email marketing@clarkslegal.com.

Pub
  • 01 November 2016
  • Commercial Real Estate

Real Estate Bitesize Series: From Food Van to Restaurant – A guide for Food Entrepreneurs

Entrepreneurs in the FMCG, food and drink and grocery retail are boosting the market with food start ups. A move to bricks & mortars premises require key considerations for property issues.

art
  • 11 October 2016
  • Commercial Real Estate

For Landlords – a Section 17 reminder

It was possible during the recession of the late 1980s and early 1990’s to sue original tenants and previous assignees on covenants given in leases when the party to whom the lease had been assigned became insolvent. In some cases, many years had passed since the assignment and many original tenants would have forgotten about any continuing liability.On 1 January 1996 the Landlord and Tenant Covenants Act 1995 came into force.

art
  • 06 October 2016
  • Commercial Real Estate

Elected Union Officials were agents under the Equality Act

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee.

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  • 08 September 2016
  • Commercial Real Estate

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?

We have always been impressed with the speed and reactivity displayed by the Clarkslegal Commercial Property team and their ability to make complex situations seem more straightforward.” 

Crown Europe

“It has been an immense pleasure to work closely with this firm that takes great care of its clients. The professionals are of the highest calibre and diligence.” 

Orkhan Eyyubov, Founding Director – New Canada Capital