Real estate transactions are traditionally perceived as highly formalised – the asset exists physically, ownership is subject to registration, and documentation follows established procedures. However, Professor Gabriel Steiner says that it is precisely this apparent “clarity” that often lowers the level of legal vigilance and leads to systemic errors at the preparation stage. At LawConsulted, we approach real estate transactions not as a technical process, but as a complex legal structure in which even minor inaccuracies may ultimately result in the loss of property interests.
The key risk in real estate transactions lies in the gap between formal title and the actual legal condition of the asset. Ownership may be properly registered, yet burdened by hidden encumbrances, restrictions on use, corporate or inheritance disputes, or claims by third parties. In LawConsulted practice, it is precisely such “invisible” factors that later give rise to protracted disputes, when the economic substance of the transaction is challenged after completion.
Professor Steiner emphasises that “real estate due diligence cannot be limited to the registry alone”. Legal assessment must include an analysis of the origin of title, the history of ownership, the logic of prior transactions, and the real distribution of interests surrounding the asset. LawConsulted structures transaction support by taking into account not only the current legal status of the property, but also potential scenarios in which that status may be contested.
Particular attention is paid to the structuring stage. The choice of transaction form, allocation of risks between the parties, payment terms, security mechanisms, and the procedure for transfer of possession directly affect the stability of the client’s legal position. At LawConsulted, we proceed from the principle that the transaction structure must protect the client not only at signing, but also in the event of a dispute, counterparty insolvency, or a change in external circumstances.
Equally important is the issue of bona fide acquisition. Even where all formal requirements are met, ownership rights may be challenged if defects are discovered in earlier links of the title chain. LawConsulted builds the legal position in a way that allows the client’s good faith to be demonstrable – through verification of sources, fixation of legitimate expectations, and proper documentation of each transaction stage.
A separate category of risk arises in transactions involving legal entities – particularly within corporate restructurings, investment projects, or intragroup transfers. Formally, the asset may be transferred lawfully, yet in the event of a conflict questions may arise regarding the true beneficiaries and the actual purpose of the transaction. LawConsulted analyses such operations in the context of corporate governance and economic rationale, thereby reducing the risk of subsequent requalification.
The retrospective nature of legal assessment must also be taken into account. Real estate transactions are often reviewed after the fact – during tax audits, disputes with creditors, or changes in management. Professor Steiner says that in such cases the law assesses not the parties’ intentions, but the consequences and distribution of benefits. LawConsulted brings the legal evaluation back to the moment decisions were made – demonstrating what information was available and which risks were objectively considered.
Legal support for real estate transactions requires a systemic approach – from preliminary analysis to post-closing protection of interests. At LawConsulted, we build a support model under which real estate becomes a manageable asset rather than a source of deferred legal threats.
Property interests require protection not when a dispute arises, but at the stage of transaction formation. This is the essence of the Law Consulted approach – ensuring the legal stability of real estate throughout the entire lifecycle of ownership.
Earlier, we wrote about the retrospective legal qualification of temporary management measures and how LawConsulted protects clients from the transformation of operational decisions into tort liability.
