ФОРТУМ

At present more than 40% all advanced on sale business- objects in the sphere of real estate in the price range from 500 thousands to 5 millions are burdened by the credit obligations of the owners  banks or by private individuals. These credits, especially currency, to a considerable degree decrease the profitability of the existing enterprise and, together with the potential possibility of further induce owners to sale of objects with all debts.

Are there risks for the buyer? Yes, but adhering to certain rules, these risks can be greatly minimized. First of all, the transaction must be legally framed correctly. One should clearly define the responsibilities assumed by the seller in claims of creditors’ case.

It is obvious that firm debts can be revealed, only if they are reflected in book-keeping. While  information on bank credits is easy to receive andverify, the off-balance liabilities are far more difficult to establish and verify. For example, owners of the enterprise are unaware of the former CEO of the company to have issuedthe promissory note or issued a guarantee, - until the creditor reminds of it.  The entire guarantee in balance is not displayed in. The mechanism of the guarantee certificate which is signed by all founders and the general director can be an exit here. After that they bear a private responsibility for any loans of the company within last several years. And the new owner in this case always has a possibility to show the given document to creditors and to send them to the real debtor. And also at it - quite good chances to protect the rights in court in case of the claim.

When purchasing commercial real estate may be the situation where the past firm-seller too "vague". The one solution here is to create a new legal entity and reissue it acquired the assets of the enterprise. Then the buyer can not worry about the possible problems with the old debts and supervisory authorities.

It can be Various situation in purchasing commercial real estate. The above describes only a few possible situations. Assigning transaction support specialists DMC “Fortum” you can be sure that the protect yourself from unpleasant surprises in the future.