PRACTICE AREAS
AMS Law Firm provides dedicated legal services in all areas of real estate law, with particular expertise in French leaseback schemes, including tourist residences, student housing, senior living residences and nursing homes (EHPAD).
We assist leaseback investors who are facing legal or financial issues with their operator or management company.
Key areas of intervention – French leaseback:
Commercial lease renewal or refusal of renewal: advice and representation in disputes where the operator is requesting renewal, or when the landlord wishes to terminate the lease.
Early termination or lease disputes Legal action or negotiation when the lease is terminated before its contractual end, often due to the operator’s default, non-performance, or change of use.
Operator insolvency or abandonment of the property Assistance in repossession of the property following the insolvency or liquidation of the leaseback operator, including legal proceedings where necessary.
Guidance for owners wishing to regain or transfer management to a third party, with compliance checks and strategic advice on rental or resale value.
Legal support in pursuing unpaid rents or enforcing contractual obligations — a common situation in distressed French leaseback investments.
A change in activity by the operator can jeopardise tax relief or investment guarantees.
Claims against operators who neglect common areas or private units, leading to depreciation or unsuitability for future lettings or resale.
Approach : Combining strong legal expertise in commercial lease law with a detailed understanding of the French leaseback schemes.
Provide clear, strategic and protective advice to owners looking to secure or recover the value of their investment.
REAL ESTATE LAW
-
Commercial leases : Drafting and negotiation of commercial leases tailored to the business activity (retail, hospitality, etc.); lease renewal or refusal procedures; rent review (capped or uncapped); amicable or judicial termination; disputes regarding service charges, repair obligations, enforcement clauses (forfeiture), or return of premises (condition reports, reinstatement, occupation indemnity).
-
Professional leases : Bespoke lease drafting; legal assistance in the event of disputes over performance or termination of the lease; management of rent arrears, notice periods, and disagreements relating to repairs or service charges. Legal advice for professionals to secure their tenancy arrangements.
-
Residential leases : Termination by the landlord for personal use, sale of the property or for legitimate and serious grounds; management of unpaid rent; enforcement of forfeiture clauses and eviction of tenants or squatters; disputes concerning the condition report, deposit recovery, or apportionment and reconciliation of service charges.
-
Co-ownership law : Assistance for co-owners, managing agents and owners’ associations in disputes regarding enforcement of the co-ownership regulations, general meeting resolutions, challenge of service charges, calculation of co-ownership shares (tantièmes), neighbourhood disturbances, and voted works. Representation in disputes between co-owners or with the managing agent.
-
Neighbour disputes, party walls and easements : Claims involving noise, odour or visual nuisances, loss of light, non-compliance with rights of way or attempts to revoke easements, rights of light and drainage; disputes between dominant and servient tenements; construction or repair of party walls; disagreements over fences, boundary height, tree pruning and non-compliant plantations; boundary encroachments by buildings or hedges; legal actions for demolition, reinstatement, or compensation.
-
Property transactions : Legal support for real estate acquisitions or disposals; drafting and review of preliminary agreements (promise to sell, sales agreements); verification of conditions precedent; assistance during property auctions; post-sale disputes involving hidden defects, non-conformity, misrepresentation (dol), or failure to finalise the transaction.
-
Construction law : Claims for defects and disorders (cracks, water infiltration, non-compliance); liability of builders, project managers or contracting authorities; enforcement of statutory warranties (ten-year, biennial, perfect completion guarantees); legal assistance during court-appointed expert appraisals.
COMMERCIAL LAW
-
Commercial Contracts: Drafting and negotiation of commercial agreements, including distribution contracts, agency agreements, franchise agreements, general terms and conditions of sale (T&Cs), and non-disclosure agreements (NDAs).
-
Commercial Disputes: Claims involving the abrupt termination of established commercial relationships, contractual non-performance, and breach of contract liability.
-
Debt Recovery: Assistance with both amicable and judicial recovery procedures: payment orders (injonction de payer), and protective or enforcement measures (such as precautionary seizures).
-
Unfair Competition and Parasitism: Legal action to cease unlawful conduct (cease and desist), and claims for compensation for economic loss resulting from unfair competition or parasitic behaviour.
-
Commercial Lease Disputes: Contentious matters related to lease renewal, rent review, termination of commercial leases, and compensation for eviction (indemnité d’éviction).
-
Insolvency and Restructuring: Legal assistance in insolvency proceedings, including safeguard, judicial recovery or liquidation; filing and management of creditor claims.
AMS Law Firm advises and represents businesses, retailers, tradespeople and self-employed professionals in managing their commercial relationships, both in advisory matters and litigation. Its aim is to secure your business activity and protect your economic interests.
They combine strong legal expertise with an in-depth understanding of its clients’ economic and operational challenges.
Their support is tailored, responsive, and focused on delivering practical, results-oriented solutions.
AMS Law Firm advises and supports company founders, directors, shareholders and investors at every stage of a company’s lifecycle.
We assist at the planning stage to structure business ventures, and throughout the life of the company to secure legal operations, prevent shareholder disputes and protect your interests in the event of litigation.
AMS Law Firm firm provides both strategic and operational legal support, grounded in a thorough knowledge of the legal framework applicable to both commercial and civil companies.
Its approach focuses on risk prevention, asset enhancement, and the protection of your shares and ownership interests.
CORPORATE LAW
Company Formation : Assistance with choosing the appropriate legal structure (SARL, SAS, SCI, holding companies, etc.), drafting of articles of association, shareholders’ agreements, and completion of registration formalities.
Ongoing Corporate Secretarial Services : Drafting of shareholders’ and board meeting minutes, including approval of financial statements, appointment of directors, change of registered office, and capital increases or reductions.
Statutory Amendments : Legal support for changes to company name, transformation into a different legal form, amendment of the corporate purpose, or changes to capital structure and shareholding.
Shareholder Disputes : Advice and litigation support in cases of governance conflicts, deadlock, disagreement between shareholders, dismissal of company officers, exclusion of shareholders, or breach of shareholders’ agreements.
Share and Asset Transfers : Drafting and negotiation of share transfer agreements or business transfer contracts, including representations and warranties (asset and liability guarantees) and legal due diligence.
Corporate Restructuring and Exceptional Transactions : Support in complex corporate operations such as mergers, partial asset contributions, company dissolution, liquidation, or universal transfer of assets (TUP).
AMS Law Firm assists clients in the management and resolution of civil and commercial disputes, whether you are an individual, entrepreneur, investor or company.
They intervene at all stages of a dispute: pre-litigation, court proceedings, enforcement of judgments, or alternative dispute resolution (settlement, conciliation, mediation).
Each dispute deserves a tailored strategy.
Whenever possible, AMS Law Firm favours a swift and amicable resolution, helping clients avoid the time and cost of lengthy litigation.
Should court proceedings be necessary, they represent you with rigour, determination and foresight, with a constant focus on achieving results.
LITIGATION & DISPUTE RESOLUTION
-
Contractual Disputes : Disputes arising from the non-performance or defective performance of a contract (sale, service provision, lease, mandate, etc.).
-
Civil Liability : Claims for liability based on fault, negligence or breach of obligation, including compensation for material, moral or financial damage.
-
Debt Recovery : Legal actions such as payment orders, summons on the merits, protective measures and judicial enforcement (e.g. seizure or attachment of assets).
-
Shareholder and Partner Disputes : Corporate governance deadlock, abuse of majority or minority rights, dismissal of company officers, exclusion or forced buyout of shareholders.
-
Real Estate Disputes : Claims involving construction defects, hidden defects, loss of enjoyment, unpaid rent, eviction proceedings, and disputes over service charges or co-ownership.
-
Urgent Proceedings Interim applications (référé) for manifestly unlawful disturbance, protective measures, suspension of enforcement.
-
Enforcement and Follow-up of Court Decisions : Execution of court orders through bailiffs, enforcement proceedings, asset seizures, appeals and opposition procedures.