Strategic legal advice from start to finish

Selling a commercial property is more than a transaction, it is a transfer of risk, a statement of value, and often the culmination of years of investment. Whether you are disposing of a standalone asset, part of a portfolio, or development stock, you need legal advice that is efficient, technically sound, and commercially strategic.

Our Expertise

At BCR, our team of experts guide landlords, developers, companies, family offices, and investors through the process of selling commercial property in Jersey. We advise on all legal aspects, from preparing the property for sale to contract negotiation, due diligence, title investigation, and completion.

Our Approach

We work closely with surveyors, agents, tax advisors, and financial professionals to deliver a joined-up legal service tailored to your objectives.

We advise on all types of commercial property sales, including:

• Offices, retail, and mixed-use units.
• Industrial and warehouse space.
• Development sites and plots.
• Investment portfolios.
• Freehold and long leasehold interests.
• Commercial property held within corporate structures (share sales).

Whether you are selling as an individual, a company, a trustee, or a developer, we will help you structure the transaction for maximum clarity, minimum risk, and smooth execution.

Initial Preparation and Title Review

The process typically begins with a review of the title documents for the property, including:

• The Contract of Purchase from when you acquired the property.
• The Public Registry record.
• Lease documents (if tenanted).
• Easements, boundaries, covenants, and rights of way.
• Company resolutions or trust documentation (if the property is held in a structure).

We assess whether the title is clean and marketable, whether any consents are required (e.g. from lenders or co-owners), and whether pre-sale rectification or clarification is needed.

At this stage, we also liaise with your surveyors or estate agents to ensure the legal and marketing positions are aligned.

Heads of Terms and Deal Structuring

Once a buyer is identified, the parties usually agree Heads of Terms, a non-binding outline of the key deal points, such as:

• Price and deposit.
• Conditions (e.g. planning, funding, due diligence).
• Timescales for exchange and completion.
• Inclusions and exclusions (e.g. fixtures, stock, plant).
• Whether the sale is a property sale or share sale.

We review and advise on the Heads of Terms to ensure they reflect your objectives, flag legal risks, and provide a clear path forward. For more complex deals, we may also prepare option agreements, overage provisions, or pre-sale contracts.

Drafting the Contract of Sale

We then prepare or review the Contract of Sale, which sets out the legally binding terms of the transaction. This document covers:

• The parties.
• Description of the property.
• Purchase price and deposit mechanics.
• Warranties and representations.
• Completion conditions.
• Apportionments and arrears (e.g. rent, service charges, insurance).
• Transfer of tenancies, licences, or warranties.
• Risk allocation for damage or title issues.
• Completion date and mechanics.

If the property is subject to a lease, we may also need to prepare licences to assign, rent apportionments, and landlord consents as part of the sale package.

We work to ensure the contract is robust, balanced, and suitable for Jersey law, particularly where UK templates or agent-drafted forms may not be fit for purpose.

Due Diligence and Enquiries

Buyers will typically instruct lawyers to raise pre-contract enquiries, covering issues such as:

• Title and boundaries.
• Planning and building control history.
• Tenancy details and rent schedules.
• Service charge and management arrangements.
• Environmental and asbestos reports.
• Capital allowances and tax issues.

We assist you in responding clearly and lawfully to these enquiries and prepare supporting documentation to reassure buyers and avoid late-stage delays.

For sellers of investment properties, we also ensure tenant documentation is complete, compliant, and collated into a clean pack for buyer review.

Exchange of Contracts

Once the buyer is satisfied with the due diligence and all terms are agreed, contracts are exchanged.

This creates a legally binding commitment to sell and buy the property, subject to any condition’s precedent (e.g. funding, consent, or vacant possession). At this point, the buyer will usually pay a deposit, held in escrow.

We handle:

• Execution of documents.
• Coordination of signatories (including offshore companies or trusts).
• Setting up escrow or stakeholder arrangements.
• Managing any pre-completion steps.

In some Jersey sales, especially of smaller assets, exchange and completion occur simultaneously. We advise on the best approach depending on the circumstances and structure.

Completion and Transfer of Ownership

On completion:

• The balance of the purchase price is paid.
• Title is formally transferred.
• Keys and possession are handed over (or licences assigned).
• Apportionments (e.g. rent, service charge) are settled.
• Lenders are repaid and charges released (if applicable).

We liaise with all parties, including the buyer’s lawyer, agents, lenders, and tenants, to ensure a smooth transfer. We also arrange the formal registration of the contract in the Public Registry, where required.

In Jersey, title transfers are recorded by contract passed before the Royal Court. We attend Court on your behalf and ensure the contract is registered promptly and correctly.

Our Values in Action

Excellence: Meticulous drafting, negotiation, and documentation to protect your interests.
Delivery: Timely, proactive handling of every stage of the transaction.
Respect: For your business goals, counterparties, and professional team.
Elegance: Making complex deals feel simple through clarity, precision, and poise.

Why BCR Law

We deliver strategic, technically sound legal advice tailored to every stage of your commercial property sale, from preparation to completion.

With deep expertise in Jersey property law and a collaborative, results-driven approach, we ensure your transaction is structured for clarity, reduced risk, and smooth execution.