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Arkona / Services / Real Estate and Construction

Real Estate and Construction

We offer legal support in negotiating of conditions and in conclusion of sale and purchase transactions, transfer of rights and lease of buildings, premises, land spots. We have an experience in state registration of such transactions.

Providing legal support during the realization of development projects, we evaluate rights on real estate, schemes and models of participation in projects offered by partners of our clients. We provide support on all stages of realization of the project, starting from the drafting a memorandum of intent and ending with registration of right to real estate and termination of operation rules.

We provide legal support of work with contracting companies and state authorities, including agreements connected with investments in the sphere of construction and reconstruction of real estate. We can settle difficult land issues and if it is necessary we defend interests of our clients in court.

Our services:

  • evaluation of legal status of land and regime of usage
  • examination of  as objects of civil turnover
  • legal support of transactions on attracting investments for construction of parkings, warehouse facilities, service stations, car washes at land lots, leased out on investment conditions on the base of decree of the government of Saint-Petersburg. Lawyers of Arkona participated in negotiations with investors (with drafting of keeping  protocol of disagreement), drafted and executed a wide range of investment contracts. The major part of projects was successfully realized.
  • Representing in the Arbitrage court. Real estate unit
  • bona fide purchaser
  • application of consequences of invalid transaction
  • commercial real estate

  • Revindication in favor of the investor a warehouse complex worth more than 200 million rubles from the developer (case № А56-62962/2015)


    The developer has not fulfilled the obligation to transfer the warehouse complex to the investor after commissioning, illegally keeping it in his ownership. In parallel with the conduct of the proceedings, we instituted criminal case on the fact of fraud and the arrest all property objects.
    During the litigation we came to a settlement on our client’s terms then we re-registered the ownership of all real estate properties, carried out measures for the actual transfer of the complex to employees of the company-investor.
     


  • Legal support of a sale transaction of a warehouse complex worth 450 million rubles
     
    Formalization of pre-contractual procedures for the provision of information about objects sold. Negotiation, drafting and approval of the contract. Formation and coordination of the schedule of actions related to the implementation of the contract: renewal of contracts with tenants, resource supply organizations and other counterparties. Performing procedures for the conclusion of the contract, registering it with the federal service of state registration cadastre and cartography, transferring objects to the buyer.
     


  • Carrying out procedures for the withdrawal of assets of construction company with a market value of about 1 billion rubles


    Shareholders decided to separate construction and development businesses, planning to create a new legal entity and transfer real estate objects to it. We offered a spin-off with the transfer of real estate objects to the new legal entity. Thus we managed to avoid any additional tax payments. During the implementation of the project, we organized shareholders' meetings, prepared documents, conducted all actions necessary for reorganization and registration of ownership of the property objects of the new legal entity.
     

  • Legal support of transactions on attracting investments for construction of parkings, warehouse facilities, service stations, car washes at land lots, leased out on investment conditions on the base of decree of the government of Saint-Petersburg. Lawyers of Arkona participated in negotiations with investors (with drafting of keeping protocol of disagreement), drafted and executed a wide range of investment contracts. The major part of projects was successfully realized.

  • Representing in the Arbitrage court. Various transactions were effected with real estate unit prised at 5 million euro. Several suits were filed against the ultimate buyer , including the one on invalidation of purchase agreement, on reclamation of property from unlawful possession with reference to defect of authority of chief executive officer of real estate seller. We represented interests of the client in courts of all instances and the courts took the side of our client. The case was material to the arbitrage courts practice relating to impossibility of satisfying claims regarding application of consequences of invalidity of void transactions and relating to the protection of bona fide purchaser's rights.

  • Defense of private person in litigation with construction company LEK (now it is known as OOO “L-1”). Because of failure to comply with the due date the client repudiated a contract and claimed to refund paid money. Finally 6 183 000 rubles were recovered from the defendant. The construction lodged an appeal, but the court of the second instance upheld the initial judjement.

  • Representing interests of the client in litigation with real estate developer. OOO “LEK-kompaniya №1” (now it is known as OOO “L-1”) refused to return money to the client. Court judgement entered into legal force satisfied purchaser's claims, 4 553 000 rubles were recovered in his favour.

  • Representing interests of the client in litigation with real estate developer. ZAO “Stroitel'naya korporatsiya RosStroi” according to the agreement with the purchaser was obliged to pay the difference between prepaid surface of the apartment and the real surface of the apartment. The developer refused to pay the money, offered to address to the court. Despite of insignificance of the amount the purchaser took principled stance,intending to defend his rights. At the moment of filing an application to the court the claims raised from 50 000 to 200 000 rubles. The developing company before the first proceeding preferred to satisfy the main amount of demands. The court awarded to the purchaser compensation for event of default duly and punctually. The seconde instance upheld the judgement.

© Arkona Сo., Ltd.,

112 lit. B, Fontanka Embankment,
St. Petersburg, Russia, 190005
+7 (812) 602-08-16

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