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Property law (Real estate)

The market economy in Armenia was established along with the Independence of the Republic of Armenia. The ownership was limited during the former regime, the real estate property rights were mainly owned by the State, and as a result of this there weren’t significant risks for entities from the legal point of view.  The privatization of land started in 1991 which was followed by the privatization of the apartments, and the result was the formation of real estate market.
Along with the formation of real estate market in RA issues of legal protection of property have appeared related with the processes of its alienation (sales, donation), pledge, lease and other methods of property management, ownership and usage.  Inevitably the issues of protection of owners’ and other holders’ rights; avoiding the abuse of individuals’ rights, insurance of people from false transactions have arisen. 
The proper formulation of the rights concerning the real estate, the establishing of the parties’ competencies and authorities, the inspection of the bases of rights towards the real estate /real estate due diligence/ prior to the conclusion of the transaction have become imperative in the processes of property management, ownership and usage in order to avoid possible false pretences, abuses, legal and other practical risks, The following are the examples of the mentioned risks which are common nowadays: the real estate transactions signed with false authorization or transaction concluded after the illegal acceptance of inheritance by will or by statute, violable transactions related to the absence of consent by the joint owners, etc. One of the important issues is the moment of payment for the property: it’s not safe for the buyer to make the payment before the formation of the transaction, the same is for the seller to receive the payment after the transaction, and it is not always possible or convenient to perform this action at the moment of transaction.
The services provided in the field of Property law are one of the main directions of Concern-Dialog CJSC. From the very beginning of its activities the Company has been engaged in the legal defense of Property rights of individuals’ and legal entities’ and our team has acquired skills in solving disputes in the pre-court stage, namely solving disputes arising from the formulations in administrative bodies, as well as in clear drawing up of authorizations of  the parties, contract drawing. During the last couple of years the Company has also acquired skills in using specific security mechanisms, which are to ensure the payments made for Real Estate, such as ESCROW, letter of credits (documentary credits) and the PD-Karpa mechanism of the Chamber of Advocates of RA.
Since 2002 the Company has also specialized in the specific issues of real estate acquisition, lease and pledge. The requirements of legal entities towards real estate are significantly different from the individuals’ needs, although their needs and problems have some similarity from the first sight. There are also differences between the legal risks of individuals and legal entities. Real estate, including buildings, lands, and offices, is considered as an important mean for the business and business development, but the real estate itself is the main object of business in construction (development) business.  As a result, when the individuals rent a real estate, they prefer more soft regulations for the early termination of the contract, but for many companies the early termination of the lease contract can cause significant financial and economic losses related to the moving out of the equipments and idle time..
Our company's significant experience in the market proved that the lease of the industrial and office areas is actually a separate institution, and it contains many specific legal risks.
We are ready to offer our clients (individuals and legal entities) any legal assistance in the field of real estate, to provide complex legal support by solving the issues effectively in a shortest possible time, as well as to keep them away from any possible problems in the future.
We offer the following services in the field of Property law:
For individuals:
- Consultation on real estate issues at any stage of the transaction;
- Drawing of packages for real estate alienation, acquisition, lease, pledge and other transactions, legal assistance in formation of transactions, representation in notary office and in the State committee of real estate Cadastre.
- Formulation and implementation of special mechanisms ensuring the safety of real estate transactions: ESCROW, letter of credits, PD-Karpa system of the Chamber of Advocates of RA, etc.
- Representation in administrative and judicial bodies in case of disputes with real estate
- Legal due diligence of real estate in order to clarify the legal risks related to it, including presence of invalid and void transactions in the past, as a result of which considerable material losses are possible.
For legal entities:
- All the services provided to individuals in the field of real estate
- Participation in preliminary negotiations of the leasing contracts for offices and industrial areas, drawing of contracts in Armenian in parallel with English, French, Russian, German and Persian languages as requested.
- Legal assistance of transactions in leasing (renting) of offices and other areas, mortgage and other property law, the preparation of package and the services related to the closure of deals.
- Consultation concerning the rights of limited use of another’s property (servitude), representation in formation/registration of the voluntary servitude and compulsory servitude.
- Due diligence of commercial real estate.
Our lawyers’ and attorneys’ experience as well as their prompt response towards new requirements of the legislation ensure Concern-Dialog Law firm’s ability to provide high quality legal assistance to its clients.



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