Real estate law
In real estate law, we advise and represent clients particularly in contracts and legal disputes relating to property transactions and condominiums. We can represent your interests as a property owner, property buyer or property heir not only in Düsseldorf and North Rhine-Westphalia, but nationwide.
Real estate law is a subject area that consists of contract law (including sales contracts, loan agreements), property law (property issues, liens on property, land charge register), but also construction law. As a civil and commercial law firm, we focus on private law enforcement for economic interests. We support you in negotiations, the review of contracts, the drafting of documents and contracts, the collection of claims, legal proceedings, foreclosures and much more.
Due to our work in inheritance law and corporate law, we can also cover legal advice in these areas of law, for example if a property is to be inherited, or if real estate is brought into a corporation as a contribution in kind or a property company is founded. We consider the aspects of real estate transfer tax and other taxes. If necessary, we cooperate with tax advisors.
The following should be heeded in real estate law:
- Civil Code (BGB)
- Land Register Act (GBO)
- Condominium Act (WEG)
- Notarization Act (BeurkG)
- Compulsory Auction Act (ZVG)
- Leasehold Estate Act (ErbbauRG)
- Broker and property developer ordinance (MaBV)
- Real Estate Transfer Tax Act (GrEStG)
In the case of houses, it is not the house itself but the plot of land that is legally considered. In the case of condominiums, the ownership of the house is divided.
Real estate law in Düsseldorf - our legal field of activity
Our legal advice includes, in particular:
- Support, review and amendment of sales contracts for houses, land, real estate companies and individual apartments or shares in them, negotiations with the other party about real estate transactions (asset deals and share deals), accompanying the conveyancing (property transfer) with partisan legal advice (as opposed to impartial notaries)
- Examination of legal questions and assertion of claims
- Conducting legal proceedings in real estate law
- Advice on declarations of division under the Condominium Act (in German: Wohnungseigentumsgesetz, WEG) for freehold flats
- Advice on liens, land charges and mortgages (in German: Hypotheken, Grundschulden), as well as other rights related to real property
- Advice on land registry (land title register, in German: Grundbuch) issues, as well as on co-ownership and the community of co-owners
- Advice on usufruct and life interest (in German: Nießbrauch)
- Advice on inheritance law regarding the transfer of real estate to the heirs
- Representation of partisan interests through a second opinion vis-à-vis notaries’ work
- Accompanying the establishment of companies in the context of real estate law and corporate law advice on their management, for example as a GmbH or GmbH & Co. KG (real estate companies)
- Disputes among shareholders of a real estate KG, real estate GmbH or similar companies
- Advice and representation in court auctions (foreclosure sales, sales by court order, in German: Zwangsversteigerung) and receivership (judicial sequestration, in German: Zwangsverwaltung), as well as in estate administration or execution of wills in relation to real estate