Real estate support in corporate transactions

The first question to ask is: when is property support required in corporate transactions? It is often required when a buyer, rather than buying a property directly from a seller, instead acquires shares in the entity that owns the property. The buyer then owns a share in the entity that owns the property, rather than the property itself. A common reason a buyer may want to do this is for tax advantages. Alternatively, the property may simply form one small part of the company being acquired.  

As in all transactions, good organisation is key. But when carrying out property work on a corporate transaction such as the sale or purchase of a business, it is especially important that high quality due diligence is carried out. Examples include:

• investigating a title 
• dealing with title defects or peculiarities 
• drafting and dealing with enquiries 
• carrying out due diligence on the target’s property portfolio 
• setting up data sites and managing the administrative burden of disclosure
• ensuring that the disclosure, indemnities and warranties in the SPA are drafted to meet our client’s circumstances and suit the target property.

These are all key considerations essential to facilitating a seamless transaction process.

We can assist on corporate transactions both for buyer and seller and advise in instances where a variety of properties are involved. We also handle transactions involving companies holding properties such as offices, hotels, student accommodation and golf courses.  

If you need any assistance or have further questions on the acquisition or disposal of property owned by a business, please do get in touch.