Many corporate transactions such as mergers, acquisitions, joint ventures and restructurings will have a property element to them – after all, most businesses own or rent at least some property.
Whether you’re the buyer or a seller, there are ways you can prepare to ensure you are as protected and as informed as possible throughout the deal process.
From a seller’s perspective, it’s advisable to review the position on properties as soon as you start thinking about selling your company or its assets, to ensure that property aspects don’t cause delays. Our team is available to get involved from the start, to identify what information is required and to reduce the stress of collating it, along with spotting potential obstacles and addressing them from the outset. We can also advise on minimising warranties and disclosing effectively against those which remain, so reducing the likelihood of an unwanted claim.
If you’re a buyer, it is important that you acquire as much information as possible to ensure that you have the full picture and that your expectations of the properties involved meet the reality and fit with your plans for the future. Our experienced team can help you to do this and to ensure you secure the best terms for you and your business.
Our experienced team of property lawyers is available to assist with swift and pragmatic advice, to ensure clients make the most informed choices available, within the time constraints of the overall deal. We are on hand to assist with:
- collation of relevant papers and information at the outset, to avoid delays in the due diligence process
- review of those papers and information to ensure early identification of issues which need to be resolved (perhaps the need for a landlord consent for an assignment of a lease, or obtaining an indemnity insurance quote to cover a title defect)
- set up or review of virtual data rooms, ensuring easy access to relevant details
- drafting and negotiating warranties and disclosures, whether to minimise the exposure of a seller or to maximise the comfort for a buyer
- carrying out an appropriate due diligence exercise, having regard to the nature of the property assets and the timescales involved (typically to include a review of title, raising enquiries and carrying out conveyancing searches). This would be backed up with a tailored report, to include an executive summary highlighting major points to note)
- drafting and negotiating any ancillary documents which may be required, such as licences to occupy or leases