Rent and Real Estate
Investments in real estate and project development can generate good returns and are often also part of the provision for old age. The better you know how to arrange this “at the front end”, the more the intended goal will be achieved. LVH Lawyers advises on the purchase and sale of real estate, on commercial renting and leasing and on project development, and assists you in your relationship with other entrepreneurs and stakeholders, but also in your relationship with the government.
If you are dealing with a real estate transaction or project development that does not proceed as desired and expected, it is important to be well informed about your legal position in good time. Then you can make the right decisions. If a dispute does not lead to a solution, then your point of view must be put forward well and convincingly in court. That, too, is our profession.
In short: we can help you make responsible investments in real estate and optimise your returns.
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How does a purchase/contracting agreement work in real estate?
What is a purchase/contractor agreement? When parties agree that one of them will provide a piece of land and construct or finish a building on it for a fee, there is a contract for the purchase of the land on the one hand and a contract for work on the other hand with regard to the building. The part relating to the purchase of the land is governed by the legal rules of sale. On the part that relates to contracting work (building and delivery), the rules of contracting work apply. Therefore, it does not make much difference in practice whether one speaks of two linked contracts (purchase and contracting) or of one compound contract to which the rules for purchase and the rules for contracting apply in part.
What are the rights, obligations and liabilities of contractors and principals in contracting work?
A construction assignment to a contractor is considered a contract for work. This is an agreement whereby the contractor, on the instructions of the client - outside of employment - realizes and delivers a work of material nature. The legal relationship between the client and the contractor is - unless otherwise agreed - governed by the statutory rules for contracting work.
What are the rights, obligations and liabilities of clients and consultants in the commission agreement in a construction process?
At the start of a construction project, a client will often engage an architect, engineer or consultant to help him with the design (hereafter: 'consultant'). The legal relationship between the client and his consultant is - if nothing else has been agreed - governed by the legal rules for the commission contract. These legal rules can be found in the first section of title 7.7 of the Dutch Civil Code (art. 7:400 ff. of the Civil Code). The summary statutory regulation has a general and open character and is largely of a regulatory nature. It is therefore common for parties to make further agreements.