Property

An end-to-end service covering every aspect of commercial and residential property.

At Trott & Duncan, we are fortunate to have over 90 years of combined experience in commercial and residential property acquisitions (freehold and leasehold), mortgages and other property transactions. We pride ourselves on being creative and practical when providing advice. Our firm is part of the HSBC Bermuda residential mortgage panel and we also have good professional relationships with the other major banks. Our Director and Founding Partner, Perry Trott, chaired the Development Applications Board which means that the firm is uniquely placed to both advise and represent clients on any property-related issues.

As one of the firms in Bermuda that handles legal affairs for both residential and commercial property, we are committed to providing our clients with clarity, reassurance and expert guidance through every step of the process. We go above and beyond by conducting site visits in person, providing a two-person point of contact that responds to clients within 24 hours, and liaising with third parties on behalf of clients to ensure transactions close smoothly.

We have a vast connected network of trusted service providers who share Trott & Duncan’s core values and give exceptional service at affordable prices. This network includes Boundary Surveyors, Real Estate Agents and Structural Surveyors, all of whom we trust implicitly to assist in the transaction process.

Our property services

Trott & Duncan can provide expert legal advice and representation in all matters relating to Property, including:

Advice on residential and commercial property acquisitions

In both commercial and residential property matters, we liaise directly with banks, real estate agents, opposing attorneys and even structural and boundary surveyors on behalf of our clients. For commercial property deals, we put corporate structures in place and are adept at handling both the corporate and property aspects of transactions.

Representing buyers and sellers

Trott & Duncan represents the buyer or seller in all aspects of purchasing or selling property, including negotiations. We walk buyers through draft sales and purchase agreements, making sure they fully understand the entire process. We liaise with opposing attorneys on behalf of clients and, once the Sale Purchase Agreement is signed off, we carry out the due diligence.

Liaising with the lending institutions

Once the purchaser has secured a mortgage or loan with a bank, we receive the mortgage instructions and draft the mortgage on behalf of the bank. Our seat on the HSBC residential panel means we advise not only HSBC, but all their affiliated banks on matters relating to residential mortgages.

Mortgages and secured lending

We are frequently instructed to both draw up mortgages on behalf of banks and to negotiate mortgages on behalf of clients for both commercial and residential property transactions as well as secured lending. We even go so far as to advise clients what course of action to take should they experience financial difficulty in future.

Liaising with the Real Estate Agents, Boundary Surveyors and Structural Surveyors

Whether commercial or residential, there are many complex moving parts when it comes to property transactions. By liaising directly with Real Estate Agents, Boundary Surveyors and Structural Surveyors, we provide total clarity for our clients and make sure no detail is overlooked that may cause issues further down the line.

Planning and development

Having once chaired the Development Applications Board, our Director and Founding Partner, Perry Trott, has an intimate understanding of how the board operates. He and his team are perfectly suited to negotiate to get plans approved, appeal projects the Planning Board turns down and conduct planning searches to make sure there are no illegal developments or other transgressions that may be in contravention of planning legislation.

Residential and commercial leases

We advise both landlords and tenants on a broad range of legal issues relating to residential and commercial leases. These include background checks we perform on behalf of landlords, advising Landlords of commercial properties on how to protect themselves in the event that a Corporate tenant is forced to wind up, and in residential property, advising landlords on what their rights are when renting property.

Condominium development

From site visits and incorporating condominium companies right through to conveying the property over to companies, we offer an end-to-end service with respect to condominium development. We work closely with corporate departments to make the complex undertaking of Condominium Development as seamless as possible for our clients.

Noteable Transactions

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We help clients with

  • Liaison on behalf of clients with 3rd parties such as banks, real estate agents, opposing lawyers and structural and boundary surveyors
  • Drafting mortgages on behalf of banks
  • Commercial and residential property mortgage negotiation on behalf of clients
  • Negotiation with the Planning Board
  • Advising landlords on their rights when leasing property
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