Legal support for transactions and deals
Our team of experts provide comprehensive legal advice on real estate issues, including:
- Compliance assessment of transactions (compliance with law, administrative requirements, and permissions)
- Drafting of contracts
- Offering legal representation for clients dealing with state authorities
- Providing legal advice on contract management to guarantee a successful completion of projects
As a necessary part in the development of any real estate project/deal, due diligence can include any of the following:
- Validation of real estate data recorded in the public register
- Correction of errors in the public register, to amend boundaries
- Investigation of real estate restrictions and encumbrances, as specified in the public register and stipulated by town planning regulations, area development plans and title establishing documents
- Discussion of the possibility of real estate usage, in accordance with the client’s goals
- Determination of applicable tax and rent fees
- Real estate transferability
- Risk assessment of real estate premises being considered as an unauthorised construction, or the acquired title considered invalid
- Risk assessment of the real estate deal being challenged
- Assessment of the possibility for third parties to file a title claim against a real estate item, and of the risks of seizure / encumbrance of a real estate item for public needs
- Resolution of active disputes / conflicts that may affect a real estate item’s transaction
- Chain-of-title due diligence, as well as information about the beneficiaries when the real estate item is owned by a company (including transnational)
MGAP represents clients in a wide range of conflicts in connection with immovable property. Our experience includes:
- Declaration of title to both private and commercial premises – as well as to construction works in progress – in courts
- Unauthorized use of property
- Foreclosure proceedings on an item of real estate, and writ of execution proceedings
- Division of immovable property after discharge of investment contracts
- Enforcement by state authorities to fulfill investment contracts with state participation, including the issuing of permission documentation, the removal of third-party land users, etc.
Through years of practice, MGAP has given a substantial contribution to the establishment of court practice in the recovery of civil damages against state authorities on the grounds of unilateral termination or change in the construction of commercial real estate items.
Recognition and enforcement of foreign arbitral awards
The process of recognition and enforcement of foreign arbitral awards is carefully regulated by Russian procedural law.
The ability of recognition and enforcement of foreign arbitral awards in Russia is ensured by the principles of reciprocity and international comity, essentially meaning that foreign arbitral awards are recognised and enforced in Russia only if the native states of these awards also recognise and enforce awards of Russian courts.
Completion of litigation between two foreign companies regarding the obligation of the defendant (the counterparty of MGAP’s client) to transfer 100% of the participating interest in the charter capital of a company. The contract concerned control over a large real estate object in Russia. The legal work involved constructing an algorithm of corporate dispute resolution and resolution of obligations in a deal between two foreign companies in the Russian jurisdiction as well as supporting the disputes in the Russian Arbitrazh Court.
MGAP are developing a corporate solution to retain the client’s rights as tenant (the client is an owner of a building and lessee of land in Moscow) with appropriate tax optimization.
MGAP prepared a corporate structure for a large real estate sale-purchase transaction in Moscow.
MGAP put together a proposal that took into account the relevant tax, civil and land laws which allowed the client to buy the property. MGAP provided legal support to the project and became sole legal consultants for the holding in Moscow.
MGAP provides legal advice to high net worth individual re investment in Moscow residential construction project. MGAP prepared a corporate structure for a client’s project in three jurisdictions as well as providing tax advice on antitrust law for investment.
The Moscow city property department filed a lawsuit against MGAP’s client to recover a debt under a contract of lease of land allotted to the client for the construction of a hotel. MGAP in the interests of their client filed a counterclaim on low ratio rental rate, reducing the debt from 34 mln rubles to 30 thousand rubles. MGAP succeeded in winning.
MGAP successful represented its client (a major real estate developer) in litigation against Moscow authorities about cancellation one of the urban planning documents, without which construction is impossible.
Successfully completion of litigation about the Moscow government’s obligation to sign an act on the implementation of an investment project of MGAP’s client. The signing of such an act commits the developer (MGAP’s client) to his obligation to carry out construction on the territory of Moscow.
The legal work involved constructing an algorithm of corporate dispute resolution and resolution of obligations in a deal between two foreign companies in the Russian jurisdiction as well as BVI.
MGAP Attorneys at Law represents the interests of a private client seeking satisfaction in a Moscow district court in a claim for recognition of ownership of luxury housing.
The Government of Moscow claimed that MGAP's client broke the terms of an investment contract in particular the terms relating to the period for payment of compensation to the city. The arbitration court agreed with MGAP's conclusion that based on the terms of the agreement and actions of the parties on completion, no arrears were due. The court disallowed the Government of Moscow from claiming penalties from MGAP's client.
MGAP represented the interests of a defendant (a large development company) in a trial with the Moscow Government over damages in amount of over $ 4 millions - the cost of apartments sold by the developer in compensation of expenses incurred on the reconstruction and renovation of a civil defence building. compensation of expenses incurred on the reconstruction and renovation of a civil defence building. The Arbitration court of Moscow upheld the Moscow Government’s claim. The appeal court reversed this decision and agreed with of MGAP’s claims of lack of grounds for recovery of damages and passing of the statute of limitation. The Moscow district federal arbitration court left the decision of the appeal court unchanged and dismissed the Moscow Government’s complaint.
MGAP works to establish its client's ownership of a property against a third party illegally occupying and claiming ownership. The property belonging to MGAP's client was being illegally occupied. MGAP developed a strategy to return the property to its client in accordance with their civil rights. An important aspect of the strategy was protecting the owner from accusations of acting unlawfully.
MGAP helped a group of private clients in a dispute with a developer – investor in a large estate of apartments in Moscow who refused to recognise the rights of MGAP's clients to non-domestic premises within the building under construction and had taken over the rights based on an agreement made with the previous developer. MGAP was able to work out a legal solution and successfully represented the interests of their clients in court.
MGAP successfully represents its client, a property developer and major construction investor, in dispute with apartment owners in luxury residential building in central Moscow. The owners demanded the re-construction of the apartment block’s utilities laid under a central Moscow street. The owners tried to prove breach of contractual obligations in the provision of flats of inadequate quality and referred to consumer protection legislation. The court took into account all arguments and evidence provided by the developer and the investor testifying to the proper fulfillment of contractual obligations to the owners, and dismissed the claim.
MGAP represents major real estate developer in litigation initiated by Moscow Government. The Moscow Government demanded the termination of a lease on land being used by our client for construction of a hotel. MGAP protected our client’s interests in two courts and both dismissed the Government’s claim. Following changes in land law the Moscow Government initiated a new case but the Court dismissed the new claim. Our advocates also prepared a cross-claim and were granted interim measures thus the early termination of contract was recognized as illegal.
MGAP represents major real estate developer in disputes over acquisition of residential property. In a set of connected cases the purchasers - co-investors in the construction project - used consumer protection legislation to persuade the court to award them compensation claiming the flats were not built as specified in the agreement with the developer. MGAP successfully proved that the claims had no legal grounds.
MGAP represents Moscow real estate developer in dispute over assignment of rights under investment agreement. The claimant, a company investing in a real estate project, had assigned its rights to an individual but denied the existence of an agreement, thus voiding these rights. MGAP proved that the rights had in fact been assigned. Therefore, the court dismissed the claim against our client.
The Moscow Government demanded unilateral termination of a lease on land in a prestigious district of Moscow. Our client was prosecuted for material breaches of contract, although these were caused by the Moscow Government itself. A strong legal position worked out by MGAP resulted in the Moscow Government’s withdrawal of its decision to terminate the lease.
MGAP represents its client, a major energy construction company, in $2 million dispute initiated by major works contractor. In the course of litigation MGAP developed mediation procedures and the parties reached an amicable agreement. As a result, the claim was reduced by $1.2 million.
MGAP’s client, a property developer, and the Government of Moscow were in dispute over the ownership of apartments in a new build elite housing development. According to the Moscow Government, the apartments worth $1m were their property and they refused to finalize an investment agreement with the developer. MGAP was able to prove that the apartments were not the property of the Moscow Government and were instead owned by the property developer’s private clients. The court supported the position of the developer and ordered the Moscow Government to finalize the investment agreement on the terms proposed by MGAP’s client.
The reason for non-completion of the building, was a new act on “high rise/pointed structures” undertaken by the state building authorities. The court ordered the government of Moscow to pay damages in full.
MGAP represented an investor in a long-term dispute against the Moscow Government. The Commercial Court of Moscow awarded over $4 million in damages to MGAP’s client to be paid by the Moscow Government.
MGAP consults with a tenant of a large land plot in Moscow on how to contest a cadastral price for leasing the land.
MGAP undertakes legal due diligence for the owner of a commercial property. MGAP carried out due diligence and all associated document work for its client, the owner of a commercial property in Moscow looking for investors. As a result of our work we provided our client with detailed expertise concerning the legal requirements, obligations and risks relating to the sale and use of the property.
MGAP’s client was looking for investors and asked MGAP to carry out legal checks (due diligence) on the commercial property owner in Moscow and the documents to this particular property. MGAP’s checks formed the basis for the legal conclusion and recommendations regarding the full commercial use of this kind of object.
MGAP prepares a legal opinion for its client, the owner of a plot of forest reserve land in the Moscow region; the consultation document deals with the termination/reissuing of a lease agreement on a plot of forest reserve land; the case was brought by the state authority.
MGAP's Property team was engaged to provide expert advice to a group of high net worth private clients, owners of a luxury residential estate in Moscow, on the legal grounds and actual demolition risk to their houses.