Purchase of leasehold rights

You have identified a commercial location and intend to quickly acquire the right to the lease.
However, you would like the lessor to authorize you to carry out a new activity, or even grant you a new lease.

It is possible to:

• to open your business within the required time while securing the operation.
• to acquire a right to the lease while ensuring the agreement of the lessor as to the exercise of a new activity.

Gouache can work alongside you with the aim of:

1/ Secure the purchase of leasehold rights:

The acquisition of the right to lease consists of the isolated transfer of an element of the business, the commercial lease, to which is attached a right to renewal or to eviction compensation, which confers on it a patrimonial value.

It does not obey the same rules as the acquisition of a business. In particular, it is not subject to legal formalism and the sale price does not necessarily have to be sequestered in order to disinterest certain creditors. It also does not require the recovery of personnel attached to the business.

For these reasons, many sellers wish to use an assignment of lease rights to transmit a point of sale.

It is therefore important to check that what you are buying is indeed a right to a lease to avoid a requalification or a nullity of deed, to have to settle debts of the seller or to have to take back his staff.

2/ Manage the lessor in the context of the acquisition of the right to the lease:

When an operator transfers his business, the buyer necessarily takes over the lease without the owner of the premises being able to oppose it, subject to the clauses of the lease.

On the other hand, the law prohibits the lessee from transferring the commercial lease independently of the land, unless otherwise provided (very rare in practice): it is therefore necessary to manage the agreement of the lessor in the event of transfer of the right to the lease.

It is also important that you are able to operate your premises for the planned activity in a timely manner. Negotiation must therefore be conducted with the lessor to ensure the successful completion of the operation.

1/ a controlled process of transfer of lease rights

The first commitments are signed as soon as possible and the deadlines for reiteration of the deed of assignment of lease rights are controlled.

2/ an act of acquisition of the right to secure lease

Our lawyers are committed to securing the real estate aspects: alignment, urban planning provisions, diagnostics, compliance of the building with the regulations, co-ownership regulations, so that the situation of the building does not hinder your peaceful enjoyment.
You benefit from a deed relating to a leasehold right and unlikely to be reclassified.

3/ an act of acquisition of the right to the negotiated lease

Our lawyers will exchange with the transferor and the lessor to purge sources of litigation, defend your interests and ensure the success of your project.

Our firm is able to countersign the deed of assignment to give it the probative force of a solicitor’s deed, which guarantees you increased legal certainty.

To facilitate the processing of your file, we offer:

• to exchange within the framework of a confidential and secure “cloud”, accessible continuously,
• to sign the preparatory documents (letter of offer, promise of sale of lease rights) in electronic format, thanks to the firm’s system of written documents and electronic signatures.

Gouache drafts a significant number of assignments of lease rights for its retail and retail customers.