Real estate law
Punt & Van Hapert Advocaten advises and litigates across the whole spectrum of real estate law. This includes both commercial real estate and private homes, whether or not they are part of a homeowners association. We act on behalf of real estate investors, (high net worth) individuals, landlords, tenants, project developers, contractors, agents and architects. We also work closely with various notary firms in Amsterdam. Punt & Van Hapert Advocaten has extensive experience and legal expertise in the field of real estate disputes. Prompt resolution is often crucial, because the interests involved (financial or otherwise) can be significant. Wherever possible, we will help you settle matters quickly and amicably, but sometimes legal proceedings will be required. Legal proceedings or attachment orders can also provide an effective form of leverage. We will not delay matters but take the initiative and try to find creative solutions.
Sale and purchase of real estate
We oversee many types of real estate transactions and draw up the required contracts. If you wish, we can provide you with support at an auction. In addition, Punt & Van Hapert Advocaten will take legal action in relation to any dispute that may arise during the purchase or sale of real estate. This could include hidden defects, breach of guarantees, other liabilities on the part of the buyer or seller, non-conformity or the termination of purchase agreements. We regularly issue non-judicial attachment orders or initiate proceedings over the release of real estate objects from attachment orders.
Punt & Van Hapert Advocaten frequently provides legal support to homeowners associations, as well as individual members. We often conduct proceedings to annul decisions and have an alternative decision confirmed by a district court. In many cases, these decisions will concern questions regarding who is liable for certain costs: the homeowners association (and thus all its members collectively) or the individual homeowner. Other common disputes include the use of communal areas and private areas, such as with regard to short-stay lets (e.g. Airbnb).
Our litigation lawyers provide support for both landlords and tenants in a range of rental disputes. We take legal action regarding the collection of rent, the termination of leases and evictions from rented properties. Other disputes that frequently arise involve rent adjustments, subrogations, urgent personal use, rent protection, subletting, protection from eviction (including in relation to squatters), general provisions, lease cases, break options, purchase options and contractual penalties. These may involve office premises, retail premises (including premises used in the hospitality sector) or homes. We can also help you to draw up and evaluate rental agreements.
Many of our clients are involved in the construction sector, whether as clients, project developers or contractors. It is crucial to ensure good contracts in advance, and we will be happy to draw these up for you. However, the numerous parties and interests involved in the average construction project can quickly become a factor, and this can lead to conflicts along the way. Punt & Van Hapert Advocaten can provide you with legal support if an invoice is not paid, if work is not carried out satisfactorily, if damage occurs or if other commitments are not fulfilled.
Punt & Van Hapert Advocaten also advises and undertakes legal proceedings in relation to other matters relating to real estate, such as easements (e.g. right-of-way), leasehold, statutory rights and duties between neighbours, boundary disputes, cadastral registrations, shared structures, qualitative obligations and perpetual clauses.