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STARTSUNLaw Company

Real Estate Investment

Real Estate Legal Due Diligence

Legal due diligence on real estate assets and property-holding companies, reported by consequence for price, structure and the purchase agreement.

Overview

Due diligence is useful only if it changes a decision. We review a property or a property-holding company and report findings by their consequence: what affects price, what must be covered by warranties or indemnities, what must be resolved before signing, and what makes the transaction inadvisable.

What the work covers

  • Title to land and buildings, and the chain of title
  • Encumbrances, mortgages, easements and third-party rights
  • Land use, zoning and permitted use of the property
  • Construction and commissioning documents and permits
  • Leases and other occupancy arrangements, including income analysis where relevant
  • Corporate review of the property-holding company in a share deal
  • Material contracts, litigation and regulatory matters affecting the asset

How the work is organised

  1. Scoping — materiality thresholds and priorities agreed with the client, based on the investment thesis.
  2. Review — data room and public registers, questions to the seller, site-related documents.
  3. Red-flag report — early notice of issues that may affect the transaction.
  4. Final report — findings with recommended contractual and structural responses.

What you receive

  • A red-flag summary for decision-makers
  • A full report organised by risk level
  • Recommendations for the purchase agreement: conditions, warranties, indemnities and price mechanisms
  • A list of matters requiring action before or after completion

Good to know

Legal due diligence complements, and does not replace, technical, environmental, valuation and tax review. For assets located outside our home jurisdiction, the review is carried out with qualified local real estate counsel.

  1. 1Send a short enquiryDescribe the project, the parties and the timing in a few lines. No confidential details at this stage.
  2. 2Initial conversationAfter a conflict check, we discuss the scope, the jurisdictions involved and whether local counsel is needed.
  3. 3Written engagementScope, deliverables and fee basis are agreed in writing before work begins.

Discuss the scope for your project