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  • LICENSING LAW | Henschel Law

    Henschel Law – Legal advice in general civil law, tenancy and condominium law, trademark law, and French real estate law. Licensing Law Licensing law plays a key role when intellectual property rights are used, transferred, or commercially exploited. This applies in particular to trademarks, designs, copyrighted works, software, know-how, and other industrial property rights. Clear and legally sound license agreements help define the scope, duration, and limits of use in a binding manner. This applies both to the granting of rights of use and to the review of existing license agreements or the enforcement of contractual claims. I advise and represent clients in the drafting, review, and negotiation of license agreements, as well as in disputes involving granted or used rights. In particular, I assist with questions concerning the scope of use, compensation, term, termination, exclusivity, sublicensing, and breaches of contract. Legal advice is available in German, French, or English upon request. Please find below an overview of my services: Review and drafting of license agreements Legal advice before entering into a license agreement Negotiation of license agreements Granting and transfer of rights of use Advice on the scope of granted rights of use Advice on exclusive and non-exclusive licenses Provisions on term, termination, and renewal of license agreements Advice on license fees and compensation models Review of sublicensing arrangements Rechtsanwalt info@henschel-law.com

  • CONTRACT LAW | Henschel Law

    Kompetente Beratung beim Kauf, Verkauf und der Übertragung französischer Immobilien - rechtssicher, dreisprachig und individuell. Contract Law Contracts form the basis of many private and business legal relationships. Whether it is a purchase agreement, service agreement, work contract, cooperation agreement, or individually tailored contract, clear and legally sound provisions help prevent future disputes and effectively protect your interests. Legal advice is available in German, French, or English upon request. Please find below an overview of my services: Review and drafting of contracts Legal advice before entering into a contract Review of individual contract clauses Preparation of customized contract drafts Advice on purchase agreements, service agreements, and work contracts Advice on cooperation agreements and business arrangements Enforcement of contractual claims Defense against unjustified claims arising from contracts Advice on breaches of contract and other performance issues Withdrawal from, termination of, and rescission of contracts Assertion and defense of claims for damages Advice on warranty rights Out-of-court and court representation in contract law disputes Rechtsanwalt info@henschel-law.com

  • TENANCY AND CONDOMINIUM LAW | Henschel Law

    Henschel Law – Legal advice in general civil law, tenancy and condominium law, trademark law, and French real estate law. Tenancy and Condominium Law Tenancy and condominium law often involve significant financial and personal interests. Whether the matter concerns a lease agreement, termination, operating cost statements, or disputes within a condominium association, I assist tenants, landlords, condominium owners, and condominium associations in resolving their legal issues clearly and effectively, both out of court and in litigation. Legal advice is available in German, French, or English. Below you will find an overview of my services. Tenancy Law Drafting, reviewing, and amending residential and commercial lease agreements. Advising on terminations, termination agreements, and the ending of tenancy relationships. Representation in eviction actions and eviction proceedings. Enforcing and defending against rent increases and rent reductions. Asserting and defending claims for rent payments. Reviewing and enforcing claims relating to defects, repairs, and cosmetic repairs. Reviewing and resolving operating cost, heating cost, and service charge statements. Advising on security deposits, rental security, and damages claims. Representation of tenants and landlords in and out of court. Condominium Law Advising and representing property owners, homeowners’ associations, and property managers. Assisting with owners’ meetings and the adoption of resolutions. Challenging and enforcing resolutions. Interpreting declarations of division, community rules, and agreements among condominium owners. Representation in disputes concerning individually owned and commonly owned property. Advising on maintenance, repairs, and the allocation of costs. Reviewing and resolving service charge statements and service charge claims. Attorney info@henschel-law.com

  • GENERAL CIVIL LAW | Henschel Law

    Henschel Law – Legal advice in general civil law, tenancy and condominium law, trademark law, and French real estate law. General Civil Law General civil law governs legal relationships among private individuals, as well as between private individuals and legal entities. It therefore forms the basis for numerous everyday legal matters - from contractual agreements and issues involving ownership and possession to claims for damages and liability. This also includes disputes concerning ownership and possession, for example where the return of property is requested, rights of use are disputed, or interference with another person’s property is to be prevented or defended against. I advise and represent clients in the review, enforcement, and defense of civil law claims - particularly in contractual disputes, claims for damages, and matters involving liability and warranty rights. In the area of tort law, I also assist with claims arising from unlawful acts, especially in asserting or defending against claims for damages and compensation for pain and suffering. Legal advice is available in German, French, or English upon request. Please find below an overview of my services: Review, enforcement, and defense of civil law claims Advice on contractual disputes Assertion and defense of claims for damages Matters involving liability and warranty rights Legal advice on ownership and possession Claims for return of property and rights of use Defense against interference with property rights Claims arising from unlawful acts Review of claims for compensation for pain and suffering Out-of-court and court representation in civil law matters Rechtsanwalt info@henschel-law.com

  • Leitfaden und Checkliste | Henschel Law

    French Real Estate Law Anker 1 A real estate transaction in France comes with a number of distinct challenges - legal, linguistic, and logistical. To avoid unpleasant surprises, it is advisable to seek legal advice at an early stage. Despite the increasing harmonization of legal systems across Europe, French real estate law still differs significantly from German and American law. With many years of professional experience at a renowned notary in Paris, I have in-depth expertise in French real estate law. I will guide you step by step and ensure you can focus calmly on your new project and support my clients throughout the entire process - from property search and contract drafting to the successful completion of the purchase or sale. Furthermore I offer legal advice on French family and inheritance law. Consultations are available in German, French, or English, depending on your preference. In French real estate matters, I offer legal assistance, among other things, in the following areas: Legal due diligence (purchase/sale). Clear risk assessment of your real estate transaction with action-oriented recommendations. Coordination of all stakeholders through closing. I manage communications and document flow among the notary, the real-estate agency, and other parties. Support in disputes within the owners’ association (copropriété). Advice on French lease law (residential & commercial). Assistance in French construction and planning law. Inhaltsverzeichnis Beispielfall: Vom Angebot bis zum Notartermin (Überblicksgrafik) Budget & Finanzierung Objektprüfung vor der Angebotsabgabe Angebotsabgabe (offre d'achat) Vorvertrag (compromis und promesse de vente) Prüfung und Vertragsvorbereitung durch den Notar Sicherheitsleistung Widerrufsrecht Notarieller Kaufvertrag Grundbucheintragung Steuerliche Meldung Inhaltsverzeichnis Das sind wir Das ist deine Über-uns-Seite. Dies ist der ideale Ort, um mehr Hintergrundinformationen über dich und deine Website hinzuzufügen. Gib hier ein paar mehr Einblicke und erwecke so das Interesse und die Aufmerksamkeit deiner Besucher. Jede Website hat ihre Geschichte - erzähle Besuchern deine eigene. Dies ist der ideale Ort, um mehr Details zu teilen. Bereite deinen Besuchern mit interessanten Fakten und Geschichten Freude am Lesen, damit sie länger auf der Seite verweilen. Doppelklicke auf das Textfeld, um Inhalte zu bearbeiten. Füge alle Infos hinzu, die du mit deinen Besuchern teilen möchtest. Wenn du ein Unternehmen hast, erzähle etwas über dessen Geschichte. Erläutere deine Unternehmenswerte und wie du dich für Kunden engagierst. Füge ein Foto, Video oder eine Galerie hinzu und erhöhe so die Interaktion. Overview Below you will find a chronological overview of the key steps involved in a real estate transaction in France. The presentation is based on a fictional case study for illustrative purposes: A consumer purchases a condominium apartment in Paris for a purchase price of EUR 500,000, using mortgage financing, and enters into a notarial preliminary agreement. 01 Offer letter Statement by the buyer expressing the intention to purchase a specific property at a specified price and under defined terms and conditions. In practice, this is typically made in the form of a written notice sent to the seller or the real estate agent, either by registered mail with return receipt or by email. 04 Deposit Upon execution of the notarial preliminary agreement, the buyer typically pays a deposit (dépôt de garantie) of approximately 5% to 10% of the purchase price. This deposit serves to secure the seller and may be forfeited as a so-called immobilization indemnity (indemnité d’immobilisation) if the buyer does not proceed with the purchase, unless the buyer withdraws based on a contractually provided ground. 07 Final deed Upon execution of the final notarial deed of sale (acte authentique de vente) , ownership is transferred to the buyer. The keys are then handed over to the buyer. 02 Acceptance The seller accepts the purchase offer under the proposed terms and conditions. 10 05 Right of Withdrawal Ten-day statutory right of withdrawal for the buyer pursuant to Article L. 271-1 of the French Construction and Housing Code (Code de la construction et de l’habitation) . 08 Taxes and Fees The notary pays the taxes (droits de mutation) to the competent authorities and retains the notarial fees (émoluments) . 03 Preliminary contract The notarial preliminary agreement (compromis de vente or promesse unilatérale de vente (PUV)) sets out the essential terms of the real estate transaction in a binding manner and commits the parties to enter into the deed of sale under the agreed conditions, subject to any agreed contingencies. 06 Financing As part of the financing contingency, the parties await the approval of the mortgage loan. This approval is typically provided for in the notarial preliminary agreement as a suspensive condition (condition suspensive) . If, exceptionally, no such suspensive condition is included in the preliminary agreement, a handwritten statement by the buyer is required. 09 Land Registry The notary arranges for the registration of the transfer of ownership with the land registry (service de la publicité foncière – SPF) . Upon registration, the transfer of ownership becomes enforceable against third parties. Up Buget und Finanzierung Below you will find a chronological overview of the key steps involved in a real estate transaction in France. The presentation is based on a fictional case study for illustrative purposes: A consumer purchases a condominium apartment in Paris for a purchase price of EUR 500,000, using mortgage financing, and enters into a notarial preliminary agreement. Up Up Kontakt aufnehmen Wir freuen uns über eine mögliche Zusammenarbeit.

  • PRACTICES | Henschel Law

    Next Civil Law Next Tenancy and Condominium Law My Key Practice Areas Next Trademark Law Next Lizenzrecht Next Vertragsrecht Next French Real Estate Law

  • TRADEMARK, MEDIA & PRESS LAW | Henschel Law

    Henschel Law - Beratung im allgemeinen Zivilrecht, Miet- und WEG-Recht, Markenrecht und im französischen Immobilienrecht. Trademark law Whether trademarks, domains, or company or product names, these identifiers carry significant commercial and legal weight. I support you early on and throughout your business activities. Below you will find an overview of my services. Trademark Trademark clearance & risk analysis. Professional availability and conflict checks to prevent refusals and disputes. Trademark filing. From drafting the goods and services specification (Nice Classification) through submission to the DPMA, EUIPO, or- for international protection - via WIPO. Representation in opposition, invalidity, and appeal proceedings. Ongoing portfolio management. Watching/monitoring, renewals, and licensing and assignment agreements. Press law In a world where content is published quickly across print, TV, radio, and - above all - online via social media, media law support is often indispensable to pursue cease-and-desist orders, rights of reply, corrections, or takedowns promptly and effectively while safeguarding freedom of expression and of the press. Below you will find an overview of my services. Press law und Social Media Pre-publication / pre-broadcast review. Takedowns & platform procedures. Cease-and-desist & interim relief. Right of reply, correction, and retraction. Damages & monetary compensation. Litigation & defense. Source protection & newsroom advisory. Access to information (FOIA requests to federal authorities). Social-media matters.

  • FEES | Henschel Law

    Legal fees On this page you’ll find a clear overview of how legal fees are structured at Henschel Law. Attorney fees are regulated by law. Fees under the Act on the Renumeration of Lawyers (RVG) Attorney remuneration in Germany is governed by the Act on the Renumeration of Lawyers (RVG) . The RVG consists of the statute with the general fee provisions and the Schedule of Fees (Vergütungsverzeichnis, VV; Annex 1), which sets out the individual fee items. The RVG distinguishes between fixed fees and framework (range) fees. Fixed fees typically apply to court work in civil, administrative, and labor matters; framework fees apply primarily to out-of-court engagements. In civil matters, fees are usually determined by two factors: the amount in dispute (value of the matter) and the work performed under the engagement. The specific amount is derived from the fee table (Annex 2 to the RVG). 1. Advice/Written expert opinion (Section 34 RVG) For verbal or written advice, information (advisory services) or for preparing a written expert opinion the lawyer must aim to effect a fee agreement. If no agreement has been reached, the lawyer receives fees under the civil law provisions. Is the client a consumer, the following statutory caps apply: First consultation : max. 190 € plus VAT Advisory services/Written expert opinion: max. 250 € plus VAT In addition, necessary expenses may be charged (e.g., flat postage/telecommunications allowance). 2. Out-of-court representation If the engagement includes representation vis-à-vis third parties (e.g., landlord, employer, contractual counterparty), fees are governed by No. 2300 et seq. VV RVG. Depending on scope and difficulty, the fee ranges from 0.5 to 2.5. A fee above 1.3 may be charged only if the work was extensive or difficult. 3. Settlement Fee If an out-of-court settlement is reached, an additional settlement fee becomes payable (No. 1000 et seq. VV RVG). A settlement exists where, with the attorney’s involvement, the parties conclude an agreement that resolves a dispute or uncertainty regarding a legal relationship. 4. Judicial Representation In court proceedings, an attorney’s fees typically include a proceedings fee and a hearing fee. The applicable fee items are set out in the RVG and the Schedule of Fees (VV RVG) and vary by type of proceeding. If the matter settles in court (e.g., by a court-recorded settlement), an additional settlement fee is incurred (No. 1000 et seq. VV RVG). A settlement exists where, with the attorney’s involvement, an agreement is reached that finally resolves the dispute or uncertainty about a legal relationship. Individual Fee Agreements (Section 3a RVG) As an alternative, the following fee arrangements are permissible: Hourly fee: Billing based on an agreed hourly rate, with transparent, verifiable time records. Fixed flat fee: A flat fee amount for clearly defined, manageable matters - independent of time spent or amount of the value of the claim Performance fee (Section 4a RVG): Permissible only under strict statutory conditions. Legal Aid A party who, based on their personal and financial circumstances, cannot bear the costs of litigation at all, only in part, or only in installments may, upon application, be granted legal aid (Prozesskostenhilfe, PKH) if the intended prosecution or defense has sufficient prospects of success and does not appear frivolous (Section 114(1) of the German Code of Civil Procedure, ZPO). Legal aid is granted only if three conditions are met: (1) financial need, (2) sufficient prospects of success of the intended action or defense, and (3) no frivolousness. The court examines your personal and financial circumstances as well as the merits of the case. The state treasury initially covers the costs; depending on your means, the court may order repayment in installments to the state treasury (PKH with installments).

  • PRIVACY | Henschel Law

    Privacy Policy Introduction The protection of your personal data is very important to us. We process personal data confidentially and in accordance with legal requirements. This Privacy Policy explains the type, scope, and purposes of data processing on this website, as well as your rights as a data subject. We have implemented numerous technical and organizational measures to ensure the most comprehensive protection of your data. However, internet-based transmissions may have security gaps; absolute protection cannot be guaranteed. The terms used in this Privacy Policy are defined in Article 4 of the GDPR (General Data Protection Regulation). Controller The data controller within the meaning of the GDPR and other national data protection laws is: Sean Henschel Kolonnenstraße 8 10827 Berlin Germany E-mail: info@henschel-law.com Legal Bases, Purposes, and Retention Art. 6(1)(a) GDPR (Consent) – e.g., YouTube integrations / marketing Art. 6(1)(b) GDPR (Contract/Pre-contractual steps) – e.g., inquiries, donation processing Art. 6(1)(c) GDPR (Legal obligation) – e.g., retention periods Art. 6(1)(f) GDPR (Legitimate interests) – e.g., technical operation, IT security, non-cookie-based reach measurement Contact (E-mail/Form) When you contact us (e.g., via contact form or e-mail), we process the personal data you provide. A valid e-mail address is required so we can identify the sender and respond. Additional information may be provided voluntarily. The specific data collected through a contact form depends on the form itself. We use this data solely to process your inquiry, communicate with you, and ensure the necessary technical administration. Legal basis: our legitimate interest in responding to inquiries (Art. 6(1)(f) GDPR). If your inquiry relates to entering into a contract, processing is additionally based on Art. 6(1)(b) GDPR. Data is deleted once the inquiry has been fully resolved, unless statutory retention requirements apply. Social Media Plug-ins Based on Art. 6(1)(f) GDPR, we use plug-ins, links, and social media buttons for informational and promotional purposes. When visiting our website, data may be transmitted to the respective provider (including outside the EU), stored, and processed there. If you are logged in to the provider’s platform, your visit to our site can be linked to your account. Interactions such as “Share,” “Like,” or forwarding content are also transmitted and may be linked to your profile. Social networks use this data for business, marketing, and advertising purposes, including profiling and personalized advertising. For details on data collection and use by each provider, as well as your rights and privacy settings, please refer to the respective social media platform’s privacy notice. Links to Other Websites Our website contains links to external websites operated by third parties. Once you click such a link, we have no control over the data collected and used by those third parties. Please consult the privacy notices of those providers for details. We assume no responsibility for data collection and processing by third parties. You can recognize third-party websites by the fact that they always open in a separate browser window, whereas our own pages open in a new browser tab. Data Sharing We do not transfer your personal data to third parties for purposes other than those listed below. We will only disclose your personal data if: you have expressly consented, disclosure is necessary to establish, exercise, or defend legal claims and there is no overriding legitimate interest in not disclosing, there is a legal obligation, or it is legally permissible and necessary to perform contractual relationships with you. Cookies We use cookies on our website. Cookies are small text files stored on your device (e.g., smartphone, tablet, laptop) when you visit our site. Cookies do not harm your device and do not contain viruses, trojans, or other harmful software. We use cookies primarily to make our services more user-friendly. For example, session cookies recognize that you have already visited certain pages; they are automatically deleted when you leave. We also use temporary cookies stored for a defined period; when you revisit, your settings are recognized. Additionally, cookies help us statistically analyze usage and improve our services. Most browsers accept cookies automatically, but you can configure your browser to prevent cookies from being saved or to display a notification before a cookie is set. Please note: disabling cookies entirely may mean some features of our site will not work. If you use browser extensions that block ads or tracking (e.g., Adblock Plus, uBlock Origin) or privacy settings that block cookies, we fully respect that. Analytics We use Google Analytics, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses cookies to create pseudonymized usage profiles. Information collected (browser type, operating system, referrer URL, IP address, time of access, etc.) is transmitted to a Google server in the US and stored. This information is used to evaluate website use, compile reports, and provide related services for market research and site optimization. Your IP address will not be merged with other Google data. IP anonymization is enabled. You may prevent cookies by configuring your browser, or you can install the browser add-on available at: https://tools.google.com/dlpage/gaoptout?hl=en. More info: https://support.google.com/analytics/answer/6004245?hl=en. We also use Google Ads Conversion Tracking. If you arrive via a Google ad, a cookie valid for 30 days is placed. It only records whether a visit came from a Google ad; it does not identify you personally. You can prevent this in your browser settings. Hosting & Server Log Files This website is hosted by Wix.com Ltd., 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel. We have a data processing agreement with Wix (Art. 28 GDPR). Wix stores data on servers in the US, EU, and Israel. Wix is certified under the EU–US Data Privacy Framework. Data processed: IP address, date/time, time zone, requested URL/file, referrer URL, user agent (browser/OS/device), HTTP status, transferred bytes. Purposes: website delivery, stability, security/attack detection. Legal basis: Art. 6(1)(f) GDPR. Retention: Log files are typically retained for 7 days; longer if needed for security incidents. Data Security We use state-of-the-art encryption to secure content during transmission. Together with contracted service providers, we implement appropriate technical and organizational measures to restrict access, protect against alteration or loss, and ensure confidentiality. Protection of Minors We do not knowingly collect or request personal data from children or minors. Such data is neither knowingly stored nor shared with third parties. Your Rights as a Data Subject If we process personal data concerning you, you are a “data subject” under the GDPR. You have the right to: Access (Art. 15 GDPR): request confirmation and information about the data we process, including purposes, categories, recipients, retention, rights, data source, and whether data is transferred abroad. Rectification (Art. 16 GDPR): request correction of inaccurate or incomplete data. Erasure (Art. 17 GDPR): request deletion, unless processing is necessary for freedom of expression, legal obligations, public interest, or legal claims. Restriction (Art. 18 GDPR): request restriction under certain conditions (e.g., contesting accuracy, unlawful processing, etc.). Portability (Art. 20 GDPR): receive your data in a structured, machine-readable format or request transfer to another controller. Withdrawal of Consent (Art. 7(3) GDPR): revoke consent at any time with effect for the future. Complaint (Art. 77 GDPR): lodge a complaint with a supervisory authority, typically in your place of residence, workplace, or at our business location. Updates This Privacy Policy is dated October 11, 2025. We reserve the right to update it as necessary to improve data protection or comply with legal changes.

  • Kanzlei Henschel Law - Französisches Immobilienrecht - deutsches Zivilrecht

    Henschel Law berät Sie zum französischen Immobilienrecht sowie zum deutschen Zivil-, Marken- und Medienrecht und Ausländerrecht. HENSCHEL LAW Law Firm Vorstellung unserer Kanzlei Attorney Sean Henschel I focus my practice on general civil litigation, landlord-tenant and condominium law, trademark law, and French real estate law. I advise clients on contract review and drafting, represent them in out-of-court matters, and advocate for them in civil court proceedings. My approach is to provide legal counsel and representation that is both analytically sound and practical, with my clients’ financial and personal interests always at the forefront. Working closely with each client, I develop a clear and effective strategy tailored to their specific situation and pursue it with both determination and flexibility. I spent several years working at a renowned notary in Paris and received my legal training at a boutique law firm specializing in media law. As part of my legal education, I also completed placements at the German Federal Ministry for Economic Affairs and Climate Action and at the French Council of State (Conseil d’État). In addition, I earned a Master II degree in French Constitutional Law in Paris. Next Civil Law Next Tenancy and Condominium Law My Key Practice Areas Next Trademark Law Next Licensing law Next Contract Law Next French Real Estate Law General Civil Law General civil law governs legal relationships among private individuals, as well as between private individuals and legal entities. It therefore forms the basis for numerous everyday legal matters - from contractual agreements and issues involving ownership and possession to claims for damages and liability. This also includes disputes concerning ownership and possession, for example where the return of property is requested, rights of use are disputed, or interference with another person’s property is to be prevented or defended against. Contract Law Contracts form the basis of many private and business legal relationships. Whether it is a purchase agreement, service agreement, work contract, cooperation agreement, or individually tailored contract, clear and legally sound provisions help prevent future disputes and effectively protect your interests. Tenancy and Condominium Law Tenancy and condominium law often involve significant financial and personal interests. Whether the matter concerns a lease agreement, termination, operating cost statements, or disputes within a condominium association. I assist tenants, landlords, condominium owners, and condominium associations in resolving their legal issues clearly and effectively, both out of court and in litigation. Trademark and Press Law Whether trademarks, domains, or company or product names, these identifiers carry significant commercial and legal weight. I support you early on and throughout your business activities. In a world where content is published quickly across print, TV, radio, and - above all - online via social media, media law support is often indispensable to pursue cease-and-desist orders, rights of reply, corrections, or takedowns promptly and effectively while safeguarding freedom of expression and of the press. French Real Estate Henschel Law advises private and institutional investors on real estate transactions in France. The firm focuses on acquisitions and disposals, commercial and residential lease agreements, franchising structures, legal due diligence, contract drafting, and coordination with French notaries. Do you have any question or concern? Simply use the contact form to get in touch with Henschel Law quickly and easily. You are welcome to send an email or leave a message. Information about the fees can be found here. info@henschel-law.com +49 177 240 2 888 +49 30 2006 7025

  • LEGAL NOTICES | Henschel Law

    Legal Notice Legal Notice § 5 Digital Services Act (DDG) Provider Sean Henschel Kolonnenstraße 8 10827 Berlin Germany Contact info@henschel-law.com Authorized Representative Authorized Representative: Sean Henschel Content Responsibility: Sean Henschel Professional Liability Insurance R+V Allgemeine Versicherung AG and HDI Versicherung Bar Admission / Supervisory Authority Berlin Bar Association Littenstraße 9 10179 Berlin, Germany T +49 (0)30 306931 0 F +49 (0)30 306931 99 Bar Admission: Federal Republic of Germany Applicable Professional Regulations Federal Lawyers’ Act (BRAO) Professional Code of Conduct for Lawyers (BORA) German Lawyers’ Remuneration Act (RVG) Professional Rules of the CCBE (Council of Bars and Law Societies of Europe) Act on the Activities of European Lawyers in Germany (EuRAG) Social Media This Legal Notice also applies to the official social media channels of Henschel Law. Disclaimer Content Liability We make every effort to ensure the accuracy and timeliness of the information provided on this website. However, we cannot guarantee that the content is complete, accurate, or up to date. As a service provider, we are responsible for our own content in accordance with statutory provisions. We are not obligated to monitor third-party information that is transmitted or stored, nor to investigate circumstances indicating unlawful activity. Obligations to remove or block the use of information under applicable law remain unaffected.

  • REAL ESTATE FRANCE | Henschel Law

    French Real Estate Law A real estate transaction in France comes with a number of distinct challenges - legal, linguistic, and logistical. To avoid unpleasant surprises, it is advisable to seek legal advice at an early stage. Despite the increasing harmonization of legal systems across Europe, French real estate law still differs significantly from German and American law. With many years of professional experience at a renowned notary in Paris, I have in-depth expertise in French real estate law. I will guide you step by step and ensure you can focus calmly on your new project and support my clients throughout the entire process - from property search and contract drafting to the successful completion of the purchase or sale. Furthermore I offer legal advice on French family and inheritance law. Consultations are available in German, French, or English, depending on your preference. In French real estate matters, I offer legal assistance, among other things, in the following areas: Legal due diligence (purchase/sale). Clear risk assessment of your real estate transaction with action-oriented recommendations. Coordination of all stakeholders through closing. I manage communications and document flow among the notary, the real-estate agency, and other parties. Support in disputes within the owners’ association (copropriété). Advice on French lease law (residential & commercial). Assistance in French construction and planning law. Rechtsanwalt info@henschel-law.com Buying and Selling Clients are supported throughout the buying or selling process for real estate in France—from the initial preparation of the property search through to the execution of the notarial deed. The scope of services includes helping to identify and refer a qualified real estate agency, addressing potential legal and practical risks at an early stage, and, in particular, reviewing the documents relevant to the purchase or sale to support a structured and reliable transaction process. Property management Advising and assisting clients with the review and drafting of residential and commercial leases under the French Civil Code (Code civil). Services also extend to common property management (gestion immobilière) issues, including day-to-day legal support for ongoing tenancies, liaising with tenants and property managers, rent and service-charge matters, maintenance-related questions, and handling lease amendments, terminations, and property handovers. Overview Below you will find a chronological overview of the key steps involved in a real estate transaction in France. The presentation is based on a fictional case study for illustrative purposes: A consumer purchases a condominium apartment in Paris for a purchase price of EUR 500,000, using mortgage financing, and enters into a notarial preliminary agreement. 01 Offer letter Statement by the buyer expressing the intention to purchase a specific property at a specified price and under defined terms and conditions. In practice, this is typically made in the form of a written notice sent to the seller or the real estate agent, either by registered mail with return receipt or by email. 04 Deposit Upon execution of the notarial preliminary agreement, the buyer typically pays a deposit (dépôt de garantie) of approximately 5% to 10% of the purchase price. This deposit serves to secure the seller and may be forfeited as a so-called immobilization indemnity (indemnité d’immobilisation) if the buyer does not proceed with the purchase, unless the buyer withdraws based on a contractually provided ground. 07 Final deed Upon execution of the final notarial deed of sale (acte authentique de vente) , ownership is transferred to the buyer. The keys are then handed over to the buyer. 02 Acceptance The seller accepts the purchase offer under the proposed terms and conditions. 10 05 Right of Withdrawal Ten-day statutory right of withdrawal for the buyer pursuant to Article L. 271-1 of the French Construction and Housing Code (Code de la construction et de l’habitation) . 08 Taxes and Fees The notary pays the taxes (droits de mutation) to the competent authorities and retains the notarial fees (émoluments) . 03 Preliminary contract The notarial preliminary agreement (compromis de vente or promesse unilatérale de vente (PUV)) sets out the essential terms of the real estate transaction in a binding manner and commits the parties to enter into the deed of sale under the agreed conditions, subject to any agreed contingencies. 06 Financing As part of the financing contingency, the parties await the approval of the mortgage loan. This approval is typically provided for in the notarial preliminary agreement as a suspensive condition (condition suspensive) . If, exceptionally, no such suspensive condition is included in the preliminary agreement, a handwritten statement by the buyer is required. 09 Land Registry The notary arranges for the registration of the transfer of ownership with the land registry (service de la publicité foncière – SPF) . Upon registration, the transfer of ownership becomes enforceable against third parties.

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