Legal Due Diligence
Examine whether everything is legally in order
We have all the knowledge under one roof. We switch quickly, assist parties with the right information and have a good feel for the 'negotiating game'. With this mindset, we have contributed to successful real estate transactions in recent years.
Want to know more about Legal due diligence? Please contact Maarten Eldering.
Expert and transactional
In addition to a technical inspection, it is also important in a real estate transaction to know whether everything is legally in order. To which real estate or right in rem does the ownership relate? What (rental) agreements have been concluded? Or what agreements have been made with third parties via, for example, easements or qualitative easements?
A legal due diligence for a real estate investment includes the following components:
- Investigation of ownership situation: deed of title, cadastral, zoning, etc;
- Review Owners Association including deed of division, division drawing, apartment index (including share, voting rights etc.), annual accounts, budget, minutes, multi-year maintenance planning (MJOP), current (major/ daily) maintenance, reserve maintenance fund, VvE contribution;
- Control legally required use permits/ use notification (fire safety), other (operating) permits including hospitality/hotel/shortstay;
- Analysis of the rental situation, such as leases, analysis of rental files, indexations, security deposits and creditworthiness of the tenant(s);
- Review service charge statements;
- Control energy label;
- Monitoring compliance with rental agreements and legal (maintenance) obligations (including fire safety, environment) by both landlord and also tenant(s);
- Analysis of the existing property file.
Other services
In addition to Legal due diligence, we also provide the following services
