Retail & Hospitality
The lawyers in our Retail & Hospitality practice group can pilot you through all the legislation and regulations that you are faced with in the management, operation, development and sale of retail space, hotels and catering establishments, such as permits, changes in the designated use, and specific catering and retail-related lease issues.
FORT represents retail chains, individual retail and catering businesses, property investors and hotels.
We understand your line of business and can provide you with comprehensive answers to all your questions. If necessary, we can also assist you in legal proceedings.
FORT’s Retail & Hospitality practice group advises in the following fields, among others:
• Questions of landlord and tenant law in the retail & hospitality sector
• Rent adjustments
• Development plans
• Purchase/sale of retail & hospitality establishments
• Building and operating permits
• Development of shops and shopping centres
• Operation of catering establishments
• Environmental law aspects (noise, safety)
• Public Administration Probity Screening Act (Wet Bibob)
• Zoning plans
• Employment law issues in the retail & hospitality sector
• Acquisition of retail and catering establishments
• Acquisition of hotels
• Supervision of the sale of a property portfolio (option to buy, ground lease, apartment rights) for a large Dutch investor. Transaction amount of approximately €10 million.
• The supervision of land purchases for a project developer in the province of Noord-Holland, negotiations on cooperation and operating agreements. Transaction amounts between €950,000 and €20 million.
• The supervision of the sale and letting of a new development project, developed by a consortium, consisting of holiday houses, a marina and catering establishments, to a holiday park operator, a marina operator and catering operators, respectively.
• Involved as a team (project development) in the new development of a hospital in the province of Noord Holland.
• Assisting a procedural party in various legal proceedings on the non-performance or incorrect performance by the other party of a turnkey purchase agreement. Litigation amount of approximately €22 million.
• Assisting a procedural party (buyer) in judicial proceedings for the dissolution/annulment of a purchase agreement of land for project development, on the grounds of breach by the seller and error on the part of the buyer. Litigation amount of approximately €20 million.
• Strategische adviezen over huurovereenkomsten en de uitvoering daarvan alsmede huurprijsaanpassingen en procedures daarover zowel voor huurders (detailhandel en horeca) als verhuurders.
• Strategic advice on leases and their performance, and on rent adjustments and proceedings in that context, for both tenants (retail trade and catering) and landlords.
• Leases in combination with franchise agreements. Amounts varying from €50,000 to approximately €10 million.
• Advising on the renovation and redevelopment of a shopping centre in a large shopping area. Amount of approximately €50 million.
• Assisting a procedural party in judicial proceedings on the settlement of a lease. Litigation amount of approximately €3.7 million.
• Promoting the interests of various estate agents and their professional liability insurer. Amounts varying from approximately €100,000 to approximately €10 million.
• Drawing up general conditions of a large national estate agent.
• Holding estate agents liable on behalf of clients for professional errors made or incorrectly performed letters of engagement. Amounts varying from €50,000 to approximately €10 million.
• Drawing up and negotiating transaction documents (letters of intent, purchase and sale agreements, collaboration agreements, shareholder agreements and commercial agreements).
• Performing and supervising due diligence investigations.
• Conducting legal proceedings on acquisition disputes (breaches of guarantee, interpretation and performance of earn-out arrangements, and non-compete clauses).
• Advising on alliances (private/public limited liability companies, general partnerships, limited partnerships, etc.).
• Assessing and drawing up financial documentation (loan agreements, suretyships, collateral security).
• Supervising and litigating on the termination of alliances (termination of general partnership, shareholders disputes).
• Representing a project developer regarding the lease of office space in which Hema and VNU have now established their head offices.
• Advising on and supervising proceedings for private and institutional investors, developers and tenants regarding e.g. rent adjustment, renovation, service charges, termination of the lease, franchise and security/insolvency (office space, parking spaces, retail space, catering establishments and residential property).
• Advising property managers and large owners’ associations.
• Advising and representing a municipality in proceedings against the owners of an entire street in the field of acquisitive prescription.
• Representing corporations in proceedings against tenants of residential property and advising corporations in disputes in the field of neighbours’ statutory rights and obligations, restricted rights (leasehold, structures, servitudes, apartment rights and common ownership) and prescription.
• Advising project developers and investors on the purchase and sale of residential and office space, including the assessment and drafting of purchase and sale agreements.
• Due diligence investigation related to the purchase of property and the acquisition of a business.