A legal opinion on a real estate object is an opinion on legal issues expressed in writing by a professional lawyer. The legal opinion contains an analysis of the legal situation, as well as conclusions and recommendations on the basis of such analysis.
The legal conclusion is prepared on the basis of the collection and analysis of information, and allows decisions on the expediency of entering into a relationship with counterparties. The form of submission of the conclusion can be expanded (with intermediate conclusions) or in the form of a brief recommendation on the adoption of a decision.
The scope of the legal opinion on real estate is wide. In particular, in the process of making a decision to purchase a certain property. In this situation, the need to provide a legal opinion is usually initiated by the buyer to analyze the transaction documents, possible risks of recognizing the transaction as invalid, the legal status of the seller. Legal opinion is also claimed as a necessary stage in the implementation of various managerial decisions, both large (for example, selling a business) and within the ordinary course of business of an organization.
Structure of the legal opinion
Any legal opinion is characterized by a certain structure. For its better perception by the client, third parties or colleagues, several thematic blocks are singled out in legal opinion. As in the judicial decision, in the conclusion it is possible to allocate the descriptive, motivating and resolutive parts.
The descriptive part, as a rule, includes an indication of the client, his name and legal form, on his counterparty (or the opponent, if any); A brief formulation of the task (the "goal" of the project) and a list of documents submitted.
As an optional element of the narrative of the conclusion, a more or less lengthy description of the history of the project can be used. By including the "narrative context" in conclusion, you can solve several problems at once. First, the lawyer clearly articulates the objectives of the study, for his subsequent conclusions, which in the future will help to give a more substantiated legal assessment of the "circumstances of the case". Secondly, it is the "historical" part that will help to identify the problem areas and avoid misunderstanding between the lawyer and his client when assessing the current situation.
The reasons for this are the positions of the lawyer, the analysis of the situation from the point of view of the norms of law and judicial practice. This element of the structure of imprisonment is of interest, primarily for a lawyer. Since the client is interested primarily in the findings, there is a tendency to reduce the motivating part of many conclusions. However, it is undesirable to do this, for example, a legal opinion on the legal position and argumentation that the client must take during the trial process would be too brief and unreasonable with the reduction of the reasoning part.
The resolution part contains brief, easy-to-understand conclusions based on the analysis made in the legal opinion about the real estate object. For example:
The transaction complies with the legislation of the Russian Federation and does not contradict other obligations of the client.
In accordance with the law, in order to complete the transaction, it is necessary to obtain approval of the general meeting of participants of Company X and the decision of the Board of Directors of the Company Y.
To transfer rights to property you need to undergo registration procedures.
There is no information in the technical accounting databases (MosgorBTI) and city databases in relation to the object under consideration.
There is no permissive information on the reconstruction of the building in the databases of Arhnadzor and Stroynadzor.
The area of useful non-residential premises is increased.
The object under consideration possesses signs of unauthorized reconstruction, thus the emergence of the property right does not comply with the current legislation.
Having collected necessary and sufficient information, having analyzed and described the information contained in them, we recommend not to conclude a sale transaction with respect to the specified object.
Certainly, the conclusions drawn should be consistent with the questions posed by the client and clearly follow from the reasoning contained in the reasoning part.
The more clear the conclusions, the better will be the prepared legal opinion on the real estate object.
Scope of legal opinion
The conclusion allows to solve not only the urgent issue, but also set the basis for the perspective. Legal conclusion as a crib can be used in courts, in domestic legal relations, in legal relations between owners, etc.
In addition, a legal opinion on real estate is necessary for:
Minimization of material costs (sometimes unnecessary);
The resolution of a specific and complex (non-trivial) legal task;
Finding confidence in actions in the presence of legal problems;
Arguments of his position for opponents;
Constant monitoring of the existing problem.