Commercial property sales management involves large-scale and systematic legal services primarily designed for developers, investment funds, and companies owning substantial real estate portfolios. Unlike a one-time transaction, legal support for the sales process implies developing sales schemes, preparing template contracts for multiple units, and providing legal oversight of the sales department. The realization of commercial spaces (business centers, shopping malls, multifunctional complexes) in Georgia requires a strict legal framework to protect the developer's interests while safeguarding consumer rights. An incorrectly structured sales system can lead to mass litigation, reputation damage, and financial sanctions. Therefore, the legal assurance of sales operations is a fundamental part of business success.
What does the Commercial Property Sales service cover?
This service focuses on the systematization of the sales process and includes:
- Legal Structuring of Sales Strategy: Selecting the optimal sales model (e.g., pre-sales at the construction stage, installment schemes, internal financing).
- Creating Template Contract Packages: Developing standard preliminary and main sales agreements, as well as internal installment contracts, adapted to the project's specifics.
- Legal Review of Marketing Materials: Ensuring advertisements and offers comply with the "Law on Consumer Rights Protection" and the "Law on Advertising."
- Negotiation Support for Major Clients (Anchor Tenants/Buyers): Agreeing on individual terms with large buyers purchasing entire floors or buildings.
- Transaction Management System: Legal monitoring of the sales registry to eliminate the risk of double sales.
- Tax Planning: Tax optimization of sales flows and management of VAT refund schemes.
Common Scenarios and Needs
The service is particularly relevant in the following cases:
- Launching a Multifunctional Complex: A developer starts selling offices and commercial spaces during the construction phase. Solid legal guarantees are needed that construction will be completed and property transferred.
- Implementing an Installment System: A company offers internal interest-free installments. A lawyer must draft payment schedules and security mechanisms for cases of non-payment.
- Attracting Foreign Investments: Sales in the international market require bilingual contracts and a robust system for remote transactions (via Power of Attorney).
- Portfolio Realization: An investment fund is selling a portfolio of commercial objects and needs centralized management of the process.
Georgian Legislation and Regulations
During large-scale sales operations, the Civil Code of Georgia is crucial, especially regarding construction and sales law. For developers, the requirements of the Law on Public Registry concerning the preliminary registration of spaces under construction are critical to protecting buyers from double sales. Also, the Law on Consumer Rights Protection imposes strict obligations regarding information provision and bans unfair terms in standard contracts. The Tax Code regulates the taxation of advances and VAT credit issues during the construction process. regarding financial monitoring, the Law on Facilitating the Prevention of Money Laundering is important, obliging real estate agents and developers to identify buyers for transactions above a certain threshold.
Step-by-Step Process
The process begins with developing the project's legal concept (sales scheme). Then, template documentation (contracts, handover acts) is prepared. The third stage is training the sales team on legal issues (what promises can be made and what cannot). Upon the launch of sales, lawyers ensure the verification and execution of each individual transaction. Upon completion of construction, the mass organization of the final property registration process takes place, followed by the transfer of property based on the commissioning documentation.
Why Legal.ge?
Legal.ge is the ideal partner for developers and real estate companies needing systematic legal support for their sales processes. Our platform gives you access to lawyers experienced in servicing large development projects. Our specialists will help you create a safe and efficient sales system that minimizes risks and increases client trust. Choose scalable solutions on Legal.ge.
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