Real estate and investment process

We offer comprehensive legal advice to facilitate the real estate projects. MFW’s lawyers have vast expertise and extensive experience in particular in carrying out real estate due diligence reviews, real estate transactions, joint venture projects, lease and rental agreements, legal services related to the investment and construction process, legal services for the planning process. We address our services to both developers and architects, investors, contractors and subcontractors at all stages of the design and construction works.

We provide services that include comprehensive handling of the real property sale and purchase transactions at all their stages, including:

  • carrying out the legal due diligence review – we fully verify the real property’s legal status taking into account the reviewed real property’s nature and the transaction’s business objectives – as part of the due diligence review we prepare a report with the concise list of the issues and problems identified along with our recommendations,
  • developing the real property purchase and sale structure – relying on the due diligence report, we prepare the most advantageous way of purchasing or selling the real property; as part of the recommended transaction structure we present the main assumptions for the real property purchase or sale agreements, taking into account the risks identified during the due diligence review and the appropriate structure of the prepared transaction,
  • drafting and negotiating the transaction documents – when we draft and negotiate the real property sale agreements we take into account the results of due diligence review with particular emphasis on securing the buyer’s or the seller’s interests. We support our clients at every stage of negotiations, both in terms of the negotiating tactics and participating in negotiations to develop the optimal transaction documents; and
  • post-transactional support – our support at this stage includes assisting our clients in fulfilling all the obligations resulting from the purchase or sale of real property, including the disclosure and registration obligations.

We also offer comprehensive advice on implementing the joint venture projects, including the development projects for residential, office, retail and warehouse projects. We provide comprehensive assistance in agreeing the plan for carrying out the joint investment, drafting and negotiating the investment agreement and the full set of the relevant documents.

We support our clients at the stage of negotiating the terms and conditions of cooperation, joint implementation and divestment. Our services include, but are not limited to:

  • advising on agreeing the investment implementation plan – we provide support in determining the investment structure, including the business plan, budget and timetable, as well as arranging and conducting the tender proceduresm
  • carrying out the legal analysis, including the legal due diligence on the transactional assets and review of the administrative requirements to be met before, during and after the investment,
  • drafting and negotiating the investment agreement, including the project implementation plan and the full set of the documentation relating to its performance,
  • incorporating the SPV(s), including drafting its/their articles of association and its/their registration,
  • providing support in the investment implementation phase – our advice includes support in the implementation of the investment agreement, including, if necessary, its renegotiation or amendment in order to adapt the investment agreement to any unforeseen events occurring during the investment implementation phase,
  • providing comprehensive support at the divestment once the project is completed or another form of further cooperation between the parties is selected.

We provide comprehensive legal services related to the investment-construction process, including the development projects for residential, office, retail and warehouse space. Our advice includes in particular:

  • supporting developers, architects, investors, contractors and subcontractors throughout the design and construction phase,
  • drafting and negotiating the documents related to the construction process,
  • reviewing the administrative requirements for the investment, representing clients in the administrative proceedings and proceedings before the Provincial Administrative Courts and the Supreme Administrative Court related to the construction process,
  • legal services related to the planning process, including comments to the draft framework local planning policy guidelines and zoning plan, requests for changes to the zoning plan and complaints against the zoning plan.

We also provide services related to the lease and rental agreements, including commercial leases, real property management agreements and supporting the real property management companies.

Completed projects

  • The selling party in the transaction

    Advising on a sale transaction to a nationwide developer of developed real estate in order to implement a public purpose investment.

  • An international development company

    Advising on real estate acquisition transactions for a development investment.

  • Nationwide network of medical facilities

    Advising on the processes of concluding lease agreements for locations intended for medical activities, including the lease of space in one of the highest skyscrapers in Poland.

  • Housing Association

    Advising on the legal due diligence of the extension process of a historic tenement house in the center of Warsaw, including the analysis of administrative decisions and the preparation of a report.

  • Company with State Treasury shareholding

    Advice on an investment transaction based on a joint venture structure and on the merger of two companies in the capital group.

  • Construction company

    Advising on a real estate sale transaction to a well-known developer from the Warsaw market in order to implement a development investment.

  • Portfolio company of an investment fund

    Advising on the planned acquisition of a building in the center of Warsaw; the project involved conducting a due diligence of the property and the building.

  • International real estate companies

    Advice on negotiating lease agreements for office space in Warsaw and Krakow.

  • Multinational industrial concern

    Advising on the acquisition of a company from the real estate sector undergoing restructuring.

  • International construction concern

    Advising on a dispute regarding the construction of an underground gas storage facility in Wierzchowice.

Practices
  1. 01. Mergers and acquisitions
  2. 02. Private equity, venture capital
  3. 03. Acquiring an investor
  4. 04. Family Foundation
  5. 05. Bonds issues
  6. 06. Due diligence
  7. 07. Real estate and investment process
  8. 08. Capital market transactions, share offers
  9. 09. Collateral administration
  10. 10. Investment funds
  11. 11. Regulatory advice
  12. 12. Corporate law
  13. 13. Restructuring
  14. 14. Obtaining finance
  15. 15. Dispute resolution
  16. 16. Competition law
  17. 17. Manager option programs
  18. 18. Labour law
  19. 19. Intellectual property
  20. 20. Personal data protection