Commercial Property in Germany

Commercial Property in Germany

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At Schlun & Elseven Rechtsanwälte, our real estate lawyers regularly work alongside our corporate clients in the purchase of commercial property in Germany. We work with businesses of all sizes in their commercial property cases, from small businesses looking to establish themselves to bigger enterprises seeking to grow and expand their company.

Collaborating with experienced and reliable real estate lawyers is crucial, as purchasing commercial property is a major investment for a business. In all matters concerning commercial property, whether purchasing, leasing, constructing, developing or otherwise, the advice of real estate law experts should be sought after. By contacting us directly, we can start a productive partnership. We can be reached by using the contact form below.

 

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Our Services:

Our real estate lawyers advise clients on purchasing commercial property in Germany.

As a full-service law firm, S&E will oversee all the legal requirements.

German Commercial Real Estate Law: Legal Advice

At Schlun & Elseven Rechtsanwälte, our team will provide market research and advise you regarding where to purchase commercial property. From there, we will work together to ensure that the purchase is smoothly carried out. Our lawyers will be in your corner and representing your interests throughout the transaction.

Commercial leasing is a different proposition from regular residential tenancy in Germany. Whereas residential tenancy has greater protections under the German Civil Code, commercial property leasing allows greater flexibility with freedom of contract. Both parties in a commercial leasing transaction are on a similar level of power. However, even with freedom of contract applying, there are rules around the terms and conditions of the contracts.

Leasing agreements need to state the rental property’s identity, the lease’s purpose, the rental period and the agreed fee. Such contracts can also outline elements such as the extent of the land usage (whether parking and cellar space is included), extended notice periods around the rental duration, the deposit and clauses concerning protection against competitors that are not necessary for the agreement to be valid.

Notice periods are usually provided at around six months but can also be extended in successful negotiations. However, extraordinary termination is allowed if parties do not fulfil their contractual obligations.

The rent price can be a set fixed rate, change over a set period, or should reflect the commercial tenant’s turnover.

Germany is one of the most lucrative markets in Europe to establish a company. The German market is particularly open to small and medium-sized companies. With its strategic location at the heart of Europe, its economic and political stability and growing investment opportunities in German real estate, it is no surprise that many investors and commercial enterprises look towards Germany as a country for expansion.

There are many locations in Germany where a company can establish itself or expand. Finding the right place for establishment can be critical for success, and that will depend on factors such as the nature of the commercial enterprise, the local market, whether the commercial property is for a flagship location or a branch and the financial situation of the company itself.

Drafting, Reviewing and Analysing Commercial Real Estate Purchase Agreements

At Schlun & Elseven, our commercial real estate lawyers carefully draft and analyse commercial purchase agreements. Such contracts and agreements need to be secure and thoroughly analysed as oversight at this stage can lead to serious issues such as disadvantageous clauses, unclear statements concerning liability for defects and costly and lengthy legal disputes in the future.

Working alongside experienced contract lawyers such as those at Schlun & Elseven Rechtsanwälte greatly reduces the risk of such issues arising. As a full-service law firm, our legal team can provide legal advice regarding contracts and agreements across all areas of German law.

Our lawyers will carefully design contracts tailored to your intentions and fulfil the specific transaction’s needs.

Due Diligence and Knowledge of the German Market

Ensuring that the purchase or sale of commercial property is carried out correctly can be a lengthy process. Our real estate lawyers are fully aware of the questions that need to be asked and will analyse the situation calmly.

A cool-headed approach ensures that we can examine the property from all relevant angles and ensure that the transaction is carried out accurately. Ignoring due diligence or not carrying it out correctly can result in major costs and disputes further down the road.

The major advantage of working with our German real estate lawyers is that they know the German market. They can provide clear guidance as to what to expect within the marketplace, from advice on solid and profitable investments to clear counsel on where to establish your company and what laws to be aware of in such locations.

Our lawyers provide our global clients with the support needed for their business to flourish in the profitable German market.

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Practice Group: German Real Estate Law

Practice Group:
German Real Estate Law

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Dr. Tim Schlun

Lawyer | Managing Partner

Tobias Pluntke

Lawyer

Verena Ziemes

Lawyer | Freelance

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