Legal aid when buying / selling / renting / leasing for further commercial use / pledging or other disposal with real estate under substantive law

  • Legal audit of the state of the real estate
  • Legal audit of the state of a counterparty’s debts and court proceedings, detection and analysis of possible counterparty defaults
  • Legal aid in the course of negotiating a contract with an intermediary, a custody contract, a purchase contract, establishing rights in rem to real estate

Real estate disputes

  • Settlement of joint ownership
  • Settlement of the joint property of spouses
  • Actions to determine an ownership right to real estate, clearing out of real estate, actions to determine the existence of a right in rem to real estate
  • Blocking debtors' real estate, seals, preliminary injunctions
  • Legal aid during real estate auctions to bidders interested in purchasing real estate, owners of auctioned real estate, debtors, bond creditors, lien creditors
  • Establishing rights in rem to real estate (security transfers of titles, servitude, easements)
  • Disputes over rights of way, paths, the existence of easements

 

I have been providing long-standing legal advice to my clients in this field. If you are buying or selling real estate, it is often not enough just to 'print out the title deed before signing', but it is also necessary, from the viewpoint of the buyer, to check who the seller is (for example, to make sure that the seller is not a party to a lawsuit), who the party acting as the sales intermediary is (a broker - often an unqualified person refusing to confirm anything by e-mail or in writing, refusing to take responsibility for anything in the course of the transaction, is not on your side, whether you are a buyer or a seller, but is primarily concerned about getting his/her commission), who will be acting as the custodian, meaning the person with whom your money will be deposited for weeks, sometimes even months. It is also necessary to verify in detail the exact meaning of the notes, entries and information contained in the title deed.

If the broker claims that the law firm designated by him/her, 'with whom he/she has long-term cooperation', will draft a purchase agreement where it will protect both the rights of the buyer and of seller, whilst also acting as the custodian and, on top of all that, arrange all that must be done at the Real Estate Cadastre, then you will be provided, at most, with an “instant” contract that namely protects the collection of the broker's commission, because any lawyer who, unlike a broker, has to follow a significantly more complex and elaborate set of legal regulations adopted to protect his/her client, knows that he/she must not provide advice, to a significant degree, to both parties of a transaction. Therefore, it applies that a law firm that is engaged in 'long-term cooperation' with a broker, cannot be expected to do what a client would reasonably expect from his/her lawyer in this type of business - that is, to fully protect his/her rights and to solely stand by the client’s interests.

I also regularly represent my clients in civil proceedings in the field of real estate law, e.g. in the settlement of joint ownership or joint property of spouses. Real estate issues also include actions to determine an ownership right to real estate, which are often on the agenda after withdrawal from various types of contracts, or even if a contract is invalid.

I also assist my clients in cases where they need to apply a preliminary injunction, raise an objection of relative invalidity, or file a petition to secure real estate in criminal proceedings and other acts in order to freeze debtors‘ real estate if a debtor is endeavouring to divest itself of real estate so as to prevent the creditor's claim from being satisfied.

JUDr. Vít Nevařil, law firm, Václavské náměstí 808/66, Praha 1, 110 00, e-mail: info@ak-nevaril.cz