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Contract law

Contracts are concluded by almost every citizen at some point. The purchase of a property or the construction of a property is done by means of a purchase contract, building contract, contract for work or developer contract.

Party autonomy

Party autonomy

In our law, party autonomy applies. Anyone can conclude contracts with almost any content, provided that the limits of immorality or good faith are not exceeded. Contract drafting is the core of JR's consulting services. Only clear contracts lead to the desired economic success.

Drafting of contracts

JR's more than 25 years of experience in drafting contracts in various fields gives the client the certainty that the contracts are, from his point of view, favorable, in line with his interests as well as legally secure and enforceable. In particular in real estate law, the demarcations between building contracts, contracts for work, contracts for work and materials and contracts for services must be taken into account. Especially supposedly simple contracts for work require a precise wording and a precise reference to the necessary service descriptions, which are highly complex and very extensive in large projects.

Only those who draft contracts in a legally secure and unambiguous manner can succeed in asserting their interests in later disputes (before arbitration courts or ordinary courts).

Purchase contracts

Real estate is something special. Your purchase should therefore be well considered, planned and carefully handled. JR help their clients to meet their counterpart - usually a real estate professional - at eye level and to protect and enforce the client's goals and interests.

Trust in the notary alone is not sufficient for these purposes. The notary does not advise the contracting parties, as he is legally obliged to neutrality. He should ensure that the parties to the contract understand the contract correctly (duty of disclosure). He does not check whether the parties can protect their interests with this contract. This is particularly problematic, since real estate purchases are difficult to reverse. This is precisely why developers and sellers always seek legal advice. The private real estate buyer should also handle it this way. This expenditure before a conclusion of a contract is worthwhile itself. That sometimes it is advisable to do without a business, since the risks in legal and financial (possibly also technical) regard are hardly calculable. JR help your clients to uncover these risks and thus protect their assets!

What does such legal advice cost?

JR provide the legal basis for the economic success of their clients. Only a professional and sound legal advice can guarantee the economic success of the acting parties.

JR work on request at fixed, previously agreed upon conditions. The clients benefit from many years of experience in real estate law at an excellent price-performance ratio.

Important contract types in overview

Contracts regulate the rights and obligations of the parties. They assign the risks and make provisions for different circumstances. Therefore, contracts with special provisions for special cases are suitable:

Building contracts

According to a building contract (as a contract for work), success is owed, i.e. the agreed work. The customer has a claim for performance against the contractor until the owed work has been erected and accepted. Building contracts can be governed by the rules of the German Civil Code (BGB) or by the German Construction Contract Procedures (VOB/B) (Vergabe- und Vertragsordnung für Bauleistungen - Part B: General Contractual Conditions for the Execution of Construction Works).

General Contractor/General Contractor greements (GU/GÜ)

These contracts choose customers/purchasers who only want to commit themselves to one contracting party with regard to their real estate project ("one face to the customer"). The general contractor (the contractor) in turn concludes contracts with subcontractors who carry out the individual work. For these coordination tasks, the general contractor receives the usual surcharge.

Architect and planner contracts/engineer contracts

Without good planning almost every real estate project becomes a disaster. Therefore, clearly formulated contracts with architects and planners are indispensable for the success of such a project. Only the foresighted planning of the architects, planners and engineers involved guarantees a reliable performance target on which the customer can rely.

Tenancy and other agreements of use

A property is used after its construction. This also requires clear and unambiguous contracts, which usually not only have long terms, but are also economically very significant. Only if these contracts "work", the real estate investment itself can be successful and achieve the desired yield.

Your experts in real estate law

Whether attorney, arbitrator, experts in construction, banking or corporate law: JASPER attorneys provide highly specialized legal advice. We look forward to your call under +49(0)211 492590 or by mail to mail@jasper-law.com.

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