Юридичний блог
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Legaldue diligence
Legal due diligence is the process of collecting and analyzing various legal information about the Object: registration status and ownership of the main assets, terms of key contracts, legal proceedings, and encumbrances, compliance with the requirements of current legislation, etc.
Proper preparation for Due Diligence will significantly reduce the time and required amount of resources for its completion and significantly increase the chances of successful completion of the transaction.
INSPECTION OF REAL ESTATE OBJECTS BEFORE PURCHASE:
PRIMARYMARKET
In the primary market, apartments are often sold even before construction is completed, which involves a number of risks for the buyer, so our lawyers conduct a legal review of each Object, the review consists of the following:
- inspection of the developer and the construction object
- analysis of registration documents of the developer and related companies
- the presence of executive proceedings and any entries in the register of encumbrances
- the presence of court cases, for example, with creditors or utilities
- presence of arrests and encumbrances
- analysis of construction legality
- verification of building permits (availability of license, other necessary documents)
- analysis of the purchase scheme proposed by the developer for compliance with the law
- study of the developer's contracts (investment contract; preliminary contract, contract of purchase and sale of property rights
SECONDARYMARKET
- checking the legality of the owner's property rights (purchase agreement, gift, inheritance, etc.)
- checking for the presence of encumbrances, judicial or executive proceedings regarding the real estate object, checking of arrests, mortgages
- owner verification
- verification of the number of registered persons
- analysis for the possibility of third-party claims
- support for concluding agreements and agreeing the terms of the sales contract
INSPECTION OF THE FACILITYINVESTMENT
- full legal review of the Object, its history and the formation of an expert opinion on the risks of the purchase
- audit of contracts, licenses, permits
- verification of the owner of the Object, including previous owners, analysis of the results of agreements with residents and non-residents
- review of founding documents, their legal status
- review of documents on corporate governance, decisions of collegial governing bodies and main powers of attorney
- analysis of agreements with shares (parts) of the company, information about shareholders, their property and non-property rights
- analysis of the legality of the Company's activities - availability of necessary licenses, permits, certificates
- analysis of labor relations
The Intermarium company conducts a legal review of both real estate objects for purchase and investment objects.