Brooks and Partners Law Firm

Real Estate Lawyers

The German real estate market is highly lucrative for those who make the right investments. At Brooks & Partners, our dedicated team of International real estate lawyers are here to support you navigate the complications of the German real estate market and to guide you on how to make gains. Real estate contracts and other requirements in Germany differ greatly from those in common law countries. For this reason, it is beneficial to have an on-the-ground partner in Germany who will oversee your real estate requirements.

Schlun & Elseven Rechtsanwälte PartG mbB is a full-service law firm active all over Germany. Our team of German real estate lawyers are here to support you in all issues. Our legal experts provide due diligence services, advise foreign purchasers and represent our clients in real estate litigation and other disputes.

Our Real Estate Law Services

Over the years, German real estate has proven to be a solid and safe investment. In comparison to other investment options, property has shown itself to be reliable and for investors from abroad, the German market resilience in times of crisis has proven to be particularly impressive. House and apartment prices in Germany have been rising for over a decade, especially in cities such as Cologne, Munich, Frankfurt, Berlin, Hamburg, Stuttgart and Düsseldorf. Commercial property has also been on a largely upward trend in the past decade.

Working with our team ensures that investors from abroad are fully aware of the best locations for their investment. Our lawyers will provide clear insights regarding where best to invest, advise you regarding tax matters to be aware of and carry out the necessary legal work to make those investment plans a reality.

Brooks & Partners, our real estate lawyers regularly work alongside our corporate clients in the purchase and leasing of commercial property in Germany. We work with businesses of all sizes from small businesses looking to establish themselves, to bigger enterprises seeking to grow and expand their company in commercial property cases. In all matters concerning commercial property whether purchasing, leasing, constructing, developing or otherwise, the advice of real estate law experts is beneficial.

Commercial leasing is a different proposition to 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 seen as on a similar level of power. However, even with freedom of contract applying, there are rules around the terms and conditions of the contracts.

Our real estate lawyers advise tenants and landlords in commercial property cases. Our full-service approach means that our lawyers can be relied upon to examine tenancy agreements, carefully draft contracts to ensure that they fulfil the demands of our clients and effectively negotiate with the parties involved in the transaction.

Due diligence is critical when purchasing or selling real estate in Germany. Working with professionals to ensure your investment’s suitability is highly beneficial even where it is not a legal requirement. Such real estate due diligence must be considered whichever side of the transaction you are on. Allow our expert real estate lawyers to thoroughly examine the project in question and ensure that all vital questions are answered. Our lawyers will examine the legal aspects such as the analysis of leases, licences, public easements and existing contracts and advise you on other matters such as the project’s financing and the environmental aspects to be aware of during the real estate transaction.

At Brooks & Partners, our lawyers are experienced negotiators and they support our clients in their dealings with banks and other lenders in Germany. Due to our years of working alongside such financial institutions, we provide the know-how needed to achieve their goals. Once the negotiations are in progress, our lawyers can oversee the careful drafting and thorough review of contractual agreements made between the parties. Our lawyers regularly draft real estate purchase agreements for our corporate and private clients. Mistakes or oversights made during this stage can have devastating consequences and lead to costly legal disputes.

Real estate legal disputes arise for a variety of reasons. Our lawyers will be by your side should a case require in-court solutions but will seek to resolve such matters outside of court if it is more efficient. Court cases tend to be time consuming and expensive, and therefore, out-of-court settlements and negotiation can be the preferred means of resolving matters. However, where it is necessary to decide the matter in court, our lawyers will be there. We provide full legal service in the event of disputes over (alleged) defects, dangerous conditions, fraud, default, non-payment and breaches of contracts. For our corporate clients, our full-service approach allows you to be confident that whatever the dispute, you will always have comprehensive counsel.

Our full-service approach also means that we can also advise you on matters relating to the property inheritance. It is not uncommon for disputes to occur in these cases, especially in situations of the community of heirs where a property is in the hands of multiple people. Our team will support you throughout the entire process. We are aware that emotions can run high in such matters but we will remain focused on finding the right solutions for our clients.

The German market is open to foreign nationals with no legal restrictions based on nationality in place in German law. Every natural person with legal capacity can purchase real estate in Germany.

Due to its strong economy, Germany is particularly attractive to investors and those involved in real estate. However, real estate contracts and projects can be challenging to get moving because many legal aspects need considering. Legal interactions involve local, regional and federal regulation, which illustrates the inherent complexity of such purchases. Our lawyers are experienced when it comes to the realities of working with local authorities, zoning commissions, construction companies and the other parties involved. We are also familiar with tax issues, environmental protection regulations and contractual clauses.

Our law firm provides comprehensive support to clients from all over the world. We are aware of the challenges facing foreign investors entering the German market. Therefore, we can provide them with the guidance and expertise needed to forge ahead in their projects. We provide our services in English to ensure that nothing gets lost in translation.

The German real estate lawyers at Schlun & Elseven Rechtsanwälte work alongside both buyers and sellers in the German real estate market. We represent corporate clients in the purchase and sale of properties and in particular the purchase and sale of residential buildings, offices and administrative buildings as well as with industrial sites and a variety of complexes. Our team will ensure that the transfer of ownership is carried out in accordance with the legal requirements and accelerate the process wherever possible.

As part of our due diligence services, our lawyers will examine the claims of the other party to ensure that everything is above-board and that the transaction is carried out smoothly. By nature, real estate transactions are complex with a variety of legal aspects which must be resolved. Working alongside experienced real estate lawyers is of great benefit in such situations.