Real Estate M&A
With our integrated network of leading individuals, we have the commitment, resources and know-how to get your deals done, whatever and wherever they are.
Advisory specialisations
- Purchase and sale of real estate (including building rights and condominium units) and real estate portfolios held directly or via real estate companies
- Advice on company law and tax law issues related to real estate holding structures
- Share and asset deals
- Public takeovers and transfer of assets or businesses pursuant to the Swiss Merger Act
- Purchase rights
- Sale and leasebacks
- Lex Koller (including permits and exemptions)
- All asset classes from residential and commercial to special real estate such as logistics or hotels across Switzerland
- Joint ventures and co-operations
- Setting up special purpose vehicles
- Real estate outsourcing
- Private equity and co-investments
- Identifying environmental risks and liabilities and advising on the structure of a transaction to help minimise environmental liability
- Sale and purchase of real estate in mountain areas (luxury chalets, second and holiday homes)
- Special knowhow regarding local public regulations, such as in Geneva, preemption right of the State, Loi sur les démolitions, transformations et renovations de maisons d’habitation (mesures de soutien en faveur des locataires et de l’emploi) (LDTR), regulations regarding monument protection, opportunities for increasing the building’s gross floor area etc.
- Close collaboration with local notary publics
- Cross-border aspects (e.g. financing, structuring, German investment laws)
- Transaction management
- Drafting and negotiating letters of intent
- Due diligence
- Drafting and negotiating purchase agreements
- Finance and loan arrangements
- Support in the post-closing phase
Other relevant areas of activity
Structuring | Project Development | Rental & Lease Agreements | Real Estate Finance | Real Estate Litigation
“MLL Meyerlustenberger Lachenal Froriep is a notable firm handling property acquisitions and sales. The team also represents clients in lease agreements and residential and hospitality development projects, with further experience handling sale and leaseback transactions. The law firm is also active on construction projects. Its client roster features corporates and asset managers, in addition to clients from the financial services sector”
Publications
Real Estate M&A 2023 – Switzerland
Lexology GTDT, Getting The Deal Through, Law Business Research, December 2022- EN
- Wolfgang Müller
- Andrea Sieber
- Laure-Lye Pillonel
Real Estate 2022 – Switzerland
The Legal 500 Country Comparative Guides 2022, Legalease Ltd, 1 December 2022- EN
- Wolfgang Müller
- Cosima Trabichet-Castan
- Jacques Johner
- Laure-Lye Pillonel
Les grands travaux dans la propriété par étages
ARPPE – Alliance Romande des Propriétés Par Etages, Newsletter 02 - Deuxième semestre 2021- FR
Real Estate M&A 2022 – Switzerland
Lexology GTDT, Getting The Deal Through, Law Business Research, December 2021- EN
- Wolfgang Müller
- Andrea Sieber
- Denise Läubli
Firm News
MLL Legal ranked in Leaders League Switzerland 2023
MLL Legal advised on the merger of Burkhalter and Poenina
MLL advised on the acquisition of a new commercial building in the canton of Fribourg, in form of a sale and lease-back transaction
News Portal
The new Limited Qualified Investor Fund (L-QIF) – What is it and who is it for?
Following our recent newsletter contributions on this topic, please be informed about key developments regarding a new structuring option for collective investment schemes (funds) in Switzerland, the so-called «L-QIF«, that offers attractive opportunities, in particular for banks, pension funds, and Swiss-based family offices.
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Draft Amendment to the Federal Law on Second Homes (Lex Weber)
On 3 November 2022, the Environment, Spatial planning, and Energy Committees of the National Council (ESPEC/NC) presented a preliminary draft amendment to the Federal Act on Second Homes of March 20, 2015 (SHA, RS 702) to relax the conditions for the expansion, conversion or reconstruction of buildings erected under the old law, i.e., before 11 March 2012, in municipalities with a rate of second homes that exceeds 20 percent.1
Only article 11 of the SHA is affected by this draft, without affecting other articles of the law or the ordinance.
The consultation runs until 17 February 2023.
If adopted, this revision of the SHA is good news for owners of buildings erected under the old law, in municipalities with more than 20% second homes, as they will have more freedom to modify their properties.
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The Duty of Due Diligence under the Responsible Business Initiative – a Change-Maker?
On 29 November 2020 Swiss citizens will vote on the Responsible Business Initiative (Initiative pour des multinationales responsables / Konzernverantwortungsinitiative).
The Responsible Business Initiative (the Initiative) proposes a new due diligence obligation for Swiss-based large companies as well as a liability provision to hold them accountable for human rights and environmental violations made abroad by controlled companies.
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Responsible Business Initiative – a Change-Maker for Corporate Liability?
On 29 November 2020 Swiss citizens will vote on the Responsible Business Initiative (Initiative pour des multinationales responsables/ Konzernverantwortungsinitiative).
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Effects of the officially ordered closure of shops/restaurants/etc. on existing leases
The obligation imposed by the Federal Council to close publicly accessible facilities to the public leads to a de facto closure of operations for various companies in a wide range of sectors. For both, the tenants concerned and their landlords, the question arises as to whether this closure ordered by the authorities will affect the existing rental agreement.
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