Sale and purchase

Ownership of real estate

Forms of real estate ownership: What are the categories of property right that can be acquired? Are there any interests in real estate other than exclusive ownership?
Ownership restrictions: Are there any legal restrictions on foreign investors acquiring real estate?
Mandatory pre-emption rights: Do mandatory pre-emption rights apply to the sale of real estate assets in this country?

Legislation affecting real estate sales

Real estate legislation: Which legislation applies to property transactions?
Specific legislation: Does a special set of laws apply to the transfer of title to any of the following types of real estate: residential, industrial, offices, retail and hotels?

Transactional process

Effective transfer of ownership: How is a lawful and proper transfer of title to real estate to a purchaser effected?
Registration of title: Is real estate registered/does a reliable register of land ownership exist? Are transfers of title recorded? Is title insurance common?
Steps in the transaction: What are the normal steps involved in a real estate transaction?
Due diligence: Do buyers usually carry out due diligence?
Consents: Are special consents required for certain transactions (for example, consent by a spouse)?

Contents of a contract

Form of contract: Are there formal requirements regarding the content and structure of a sale and purchase contract relating to real estate (SPA)?
Seller's warranties: What seller's warranties are provided under statute in the sale of real estate in this country (for example, as to the state of the building, asbestos etc)?
Misrepresentation: What are the buyer's remedies against misrepresentation by the seller of real estate?

Real estate sales and public law

Real estate and public law: What are the most important areas of public law for an investor to consider when purchasing real estate?
Environmental liability: Is the buyer of a real estate asset in this country responsible for soil pollution or contamination of the building even if it did not cause the pollution or contamination?
Planning/zoning issues: How can a buyer ascertain the permitted uses of a parcel of real estate under the applicable zoning or planning law in this country?
Agreements with public bodies: Is it possible to enter into specific development agreements with relevant public authorities in this country in order to facilitate a project?
Expropriation/compulsory purchase: Is expropriation (compulsory purchase) possible in this country?

Taxation of real estate sales and purchases

Taxation of asset deals: Which taxes are relevant/which transaction costs will be incurred when buying real estate as an asset (asset deal) and how are the transaction costs shared between the buyer and seller?
Taxation of share deals: Which taxes are relevant/which transaction costs will be incurred when buying real estate via the shares in the owning company (share deal) and how are the transaction costs shared between the buyer and seller?

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