Real Estate Law

KMA LAW advises and represents private and commercial clients in legal matters relating to the acquisition, sale and use of real estate.

Buying and selling real estate

A transaction involving land, an apartment or a building often creates significant financial obligations. We review purchase agreements, assist with contract negotiations and explain the legal consequences of individual provisions. We act for both purchasers and sellers and take account of the interests of the particular party we represent.

Contract review and land register entries

Before a purchase agreement is signed, key questions concern the subject of the sale, agreed characteristics, liability clauses, payment conditions and third-party rights. We examine land-register matters, easements, priority notices and other encumbrances affecting the transaction. For apartments, we also consider the declaration of division, community rules and relevant resolutions of the owners’ association. Identifying these issues early allows them to be addressed in the negotiations.

Transaction process and completion

Legal questions do not end when the notarial agreement is signed. Issues may arise in preparing or completing payment, satisfying contractual conditions or resolving disagreements between the parties. We assist our clients in communications with those involved and clarify the rights and obligations applicable at each stage. Our focus is an orderly, legally sound and commercially reasonable completion process.

Property financing and loan security

We advise private and commercial clients on loan agreements, land charges and other forms of security. Issues may involve the financing documents, creation of security rights or consequences of ending a loan relationship. We represent both credit institutions and borrowers. Our work includes disputes over loan agreements, termination of financing, release or cancellation of security, enforcement against collateral and related claims.

Property defects after purchase

Where damp, mould, construction damage or other defects appear after completion, questions often arise about the seller’s responsibility. We examine the contractual terms, statements made before the transaction and the available evidence. Particular attention is given to allegations of defects fraudulently concealed before the sale. We advise purchasers seeking to enforce rights as well as sellers defending claims they consider unjustified.

Warranty, rescission and damages

Different contractual problems may lead to different legal remedies and defences. Depending on the individual circumstances, claims for damages, rescission or a reduction in the purchase price may be relevant. We assess the legal conditions, available evidence and financial consequences of the dispute. If necessary, we handle out-of-court negotiations, litigation and appropriate measures to preserve technical evidence.

Property and neighbour law

We advise on disputes involving property boundaries, boundary construction, encroachments, rights of way and nuisance, including claims between neighbours.