The digitization, the pandemic, and new ways of working have brought important changes in the real estate market, leading to the transformation of real estate companies from space providers to service providers and the emergence of a new concept of Real Estate-as-a-Service / ReaaS (an innovation appeared as a result of the digital transformation and the development of smart buildings), but also the transformation of some spaces into areas of co-working and socialization.
Adopting 5G technology, including the ability to connect devices, buildings, and even cities to enable new and smarter ways of working, the integrated services and the virtual office complete the landscape of the current and future real estate market.
By using legal services (for regulatory matters, due diligence in M&A operations, negotiation of agreements), both real estate developers and building managers, investors/financiers / real estate fund managers are assuring the success of ongoing projects, partnerships, and investments, by eliminating or reducing legal risks.
NewLegalWay provides legal consultancy on Real Estate and Construction related to the following aspects:
- Drafting and negotiating agreements for workspaces and co-working and socialization areas;
- Drafting and negotiating agreements for the endowment with technology that would allow remote work. For more details see the Technology and Intellectual Property section;
- Drafting and negotiating agreements for virtual offices;
- Drafting and negotiating agreements for integrated services in smart buildings (connecting facilities, IoT, connecting to a server, connecting to a smart grid, ensuring environment sustainability);
- Due diligence in M&A operations (mergers and acquisitions), financing (project finance) on land and/or constructions (business contracts, minutes of receipt, operating permits or similar, unexpired guarantees, lease agreements, concession agreements, usufruct agreements, loan agreements, real estate title deeds, title history, cadastral documentation, mortgage contracts, easement rights) and drafting of due diligence reports;
- Negotiation of lease agreements concluded with office buildings;
- Drafting and negotiating loan agreements for the financing of residential and office projects (project finance). For more details see the Financing and Crowdfunding section;
- Legal opinions on real estate and movable property to be mortgaged in favour of banks;
- Drafting / amending mortgage agreements on real estate;
- Drafting and negotiating rental/ lease agreements concluded with shopping centers/malls, negotiating additional documents;
- Analysis of documentation on secured and non-secured non-performing loans (NPLs),
- Drafting and negotiating receivables’ portfolios sale-purchase agreements;
- Preparation of prospectus for the initial public offering (IPO) for listing on the Bucharest Stock Exchange;
- Drafting and negotiating property management agreements;
- Analysis of the insurance policies and the covered risks, relevant documents (balance sheet, environmental permits or authorizations) prepared by the companies regarding the obligations and/or environmental responsibilities regarding the real estate;
- Analysis and consultancy on the encumbrances and restrictive rights (pledges, liens) of third parties on real estate;
- Legal advice on the necessity for a title insurance policy for high-value loans and risks (in real estate development projects, as required by the banks in connection with syndicated loans and bilateral loans).
- Drafting / revising drafts of bilateral promises of sale-purchase (pre-contracts) regarding apartments within the residential projects financed by banks;
- Drafting / revising drafts of agreements for the sale-purchase of real estate (office buildings, industrial platforms, houses, apartments);
- Structuring the security/collateral (establishing the types of guarantees, drafting and amending mortgage agreements over immovable assets, security interest agreements over assets/ accounts/ receivables/ shares listed on Bucharest Stock Exchange, personal guarantee agreements) for financing the real estate projects ;
- Consultancy on incidental legal aspects within the construction of factories from the construction sector.