Legal Services for Commercial Real Estate

Due diligence is the pre-transaction legal review of a property: title, encumbrances, planning status, legality of the buildings and environmental risk. We examine the land register, leases, easements, mortgages and administrative decisions, and whether what stands on the plot matches what was permitted.

Timing depends on scale — from a few days for a single unit to several weeks for a portfolio or a large investment. You get a red-flag report with a recommendation: buy, renegotiate, or walk away.

In a mall you pay more than rent — turnover rent, service charge, marketing contribution and security are decisive. The service charge can rise during the term, and the deposit is often topped up with an on-demand bank guarantee the landlord can call without a court ruling.

We look at exclusivity clauses, indexation, exit terms and liability for the premises' condition, and negotiate them on your side — tenant or landlord — so risk is priced, not discovered later.

The strongest security is an on-demand bank or insurance guarantee plus voluntary submission to enforcement in a notarial deed (Art. 777 CCP). A cash deposit is simple but small; a guarantee pays out fast without litigation, and Art. 777 CCP lets you enforce without years of dispute.

For tenants within a group we add a parent-company guarantee. We size the package to the tenant's standing and the contract value — so that if things go wrong you recover the money, not just a claim to it.

Construction defects are covered by the statutory warranty (generally 5 years for real estate), and separately by the contractor's optional quality guarantee. Liquidated damages secure deadlines and defect removal — you charge them without proving loss, provided the contract is well drafted.

In practice disputes centre on the retention and the withheld part of the fee. We represent you as investor or contractor: enforcing damages and warranty, or defending against inflated claims.

Excessive noise is a nuisance (Art. 144 Civil Code): a neighbour can demand it be limited and, in extreme cases, that the activity be stopped. The risk is higher for music venues and outdoor dining, where noise limits and opening hours also apply.

We help reduce the risk before it reaches court: an audit of the lease and acoustic duties, negotiation with neighbours and defence in proceedings. Better to design a solution than to explain a closure order.

We check whether the building was erected legally and is used legally: whether the building permit was final, whether the works followed the approved design, and whether an occupancy permit was issued. A gap between what stands on the plot and what was permitted is one of the most common red flags in due diligence.

We analyse the permits and administrative decisions for the buyer's risk — unauthorised construction, material departures from the design, a missing final acceptance. We tell you what has to be regularised before you buy, so a formal defect does not become your problem later.

A car workshop or dealership must satisfy both the building-law requirements for the premises and the network standards of the manufacturer or importer — and these two regimes can conflict. Network standards dictate the look, equipment and procedures; building law and technical rules govern the premises itself and how it may be used.

We have experience reconciling the two: we review dealer and service agreements against the network standards, check the premises against building regulations, and structure the lease so the cost of meeting the standard does not fall on you alone.