Sale and leaseback
Buying real estate is an extensive process with many specific phases. The signing of a deed of transfer is a crucial conclusive element. However, it is a part of the purchase agreement and it is often related to other agreements, such as a letter of intent or a remaining points depot.
In the initial phase, subjects such as (the term of) exclusivity are of great importance. Ultimately, it may be essential for a holding company to be responsible for the guarantees of a contracting party.
The VBC specialists advise on all these aspects and, in addition to standard documentation, have extensive experience in negotiations.
Investors on the property market are very diverse. For example, many international and institutional parties emphasise liability limitations. The delivery in which also the possible, unknown defects are accepted, seemed to become a popular standard. Meanwhile, sellers are aware of the commercial advantage of granting guarantees. The added value of providing all available information via a professionally equipped data room is also recognised. Here, too, VBC employees can assist by drawing up an information package for sellers or by assessing it on behalf of the buyer.
There are countless details in the background of the purchase and therefore the structuring of the transfer. A share transaction can have tax benefits. For accounting reasons, an owner may consider a sale in which the site is (re)leased. The establishment of a pre-emptive right of (re)purchase and the bank guarantee for the tenant are of the utmost importance in this context.