Frequently Asked Questions

A playbook is a practical guide for recurring lease negotiations. It sets out how you want to deal with the key issues: what your preferred position is, where you can compromise and what you will not accept. It is particularly useful if you negotiate many leases (e.g. as a retailer or operator) or want different people working on them to follow the same approach.

You can find examples in our case studies.

Yes. Delays, additional costs, variations, defects and disagreements are part of many development projects. We help assess the situation, protect your position and find practical solutions that keep the project moving wherever possible. And if a dispute cannot be avoided, we can take it from there.

Yes. We advise landlords and property owners as well as tenants and operators across a wide range of asset classes. Working on both sides of the table gives us a good understanding of the different commercial interests and helps us identify where negotiations really matter – and where pragmatic solutions are possible.

It depends on what you need. For clearly defined projects, such as negotiating a new lease or developing a lease template, we often work on a fixed-fee basis. Where the scope is less predictable, we charge by the hour. Either way, we agree how fees will work before we start and talk to you if things change.

We start by looking at your existing leases, recurring negotiation points and internal processes. In a workshop, we define your legal and commercial standards and how the template should work in practice. We then develop and refine the new lease template together with you and, if useful, complement it with a playbook or drafting software for future negotiations.

We tailor the scope and the steps of our due diligence to the property and the transaction. Rather than simply listing findings, we assess their relevance, explain what they mean for the deal and give clear recommendations for how to address them. And because a report is only useful if people actually read it, we deliver our findings in the format that works best for you.

It depends on the size and complexity of the transaction and the scope of our work. For clearly defined parts of a transaction, we can often agree a fixed fee or budget upfront. Where the scope is less predictable, we charge by the hour. Either way, we agree how fees will work before we start and talk to you if things change.

Yes. We advise on the real estate aspects of share deals, including due diligence and the real estate-related provisions of the transaction documents. Where corporate, tax or other specialist advice is needed, we bring in trusted partner law firms and coordinate the work with them, so you can manage the legal side of the transaction through one team.

Yes. Where a transaction involves planning, building or other public law issues, we can cover these as part of our advice. This includes, for example, planning and permitting matters, development agreements and other agreements with public authorities. Where highly specialised advice is needed, we bring in trusted experts from our network.

We advise on development projects across asset classes and at very different scales, from the construction or refurbishment of a single logistics or commercial property to complex mixed-use and urban developments involving multiple buildings, infrastructure and connections to public transport. What matters to us is not the type or size of the project, but understanding how it works and providing the legal support it needs.

Yes. Over the years, we have built a strong network across the real estate industry, including architects and planners, agents, investors, general contractors and other specialists. Where useful, we are happy to make introductions and bring the right people together for your project.

It depends on the project and the scope of our involvement. For clearly defined workstreams or agreements, we can often agree a fixed fee or budget upfront. For ongoing project advice, we usually charge by the hour and agree the scope and fee structure with you before we start.

No. Litigation is one option, not the default. We first look at your legal position, your commercial objectives, the time and cost involved and the realistic alternatives. If an out-of-court solution makes more sense, we will say so. If court proceedings are the right route, we pursue them consistently.

Yes. We can step into an existing dispute or court proceeding, review what has happened so far and take over the strategy and representation from that point. We will tell you clearly where the case stands and what we recommend next.

As the amount of work involved in a dispute is often difficult to predict, we generally charge based on the time spent at our agreed hourly rates. For court proceedings, the statutory fee rules under the German Lawyers’ Fees Act (RVG) also apply. Where the statutory fees for the proceedings exceed our time-based fees, we charge the statutory amount. We discuss the expected costs and cost risks with you before taking the next steps.

Yes. Our dispute resolution practice focuses on commercial real estate. We do not represent clients in residential tenancy disputes or disputes between condominium owners or within condominium owners’ associations.

If you would first like to get to know us, briefly introduce your matter and find out whether Bohardien might be the right firm for you, book a free 15-minute Intro Call. The Intro Call does not include legal advice.

If you already have a specific legal question or clearly defined issue and would like an initial legal assessment, request a paid Initial Consultation through our contact form.

That depends on the matter. We generally work on an hourly basis, but offer fixed or capped fees where the scope of work can be defined sufficiently in advance. Before we start, we agree the scope of work and applicable fee arrangement.

We advise in German and English and regularly work on matters involving international clients, investors and other stakeholders.

Absolutely. We regularly work as part of a wider project team and can complement in-house legal teams or other external advisers with specialist real estate law expertise. We are happy to adapt our role to the setup and needs of the particular matter.

Yes. We deliberately focus on the areas of real estate law in which we can provide the greatest value to our clients. We do not advise residential tenants on residential tenancy matters, condominium law (WEG) matters or arbitration proceedings. We also generally do not review service charge statements, except for existing clients.

Yes. We advise exclusively on German law, but our clients can be based anywhere in the world. We regularly work with international clients on their real estate matters in Germany and advise in both German and English.