One of the best types of investment in Iran for legal and natural persons is purchasing immovable property. Considering the experience of recent decades, this type of investment has special profits for investors; however, according to the governing laws and regulations of countries such as Iran, there are certain restrictions in respect to ownership of foreign persons in this regard. It must be noted that there are certain risks that require for legal and technical consultation of real estate attorney in regard to investment in this sector. Some of the said risks result from the special regulations and provisions providing for governmental ownership over the immovable property, wastelands, natural resources, article 49 of the constitution, third party claims, holders of good will, right of easement, creditors, endowment, etc. Therefore, it is crucial to enjoy the consultation of real estate lawyer in different aspects such as the following: conducting field studies in regard to the property, review of the documents provided by the other party in order to determine the identity of the signatories and legal status of the property, conducting the initial and supplementary negotiations in order to prepare the finalized contract, consultation in order to prepare sample contracts of real estate agencies and administration of the procedures necessary for preparation of formal deeds and submission of property.
Moreover, lease of immovable property has long been a lucrative business and owners let their property to avoid loss of profit. There are even investors who buy property to increase their income through letting it. Several bodies of law in Iran concern the relation between parties to a lease contract. The multiplicity of laws in this area including Iran Civil Law, and lease laws of 1960, 1977, 1983, 2007, and the executive directives thereof, can result in disputes between tenants and landlords. Skillful legal management is necessary not only at the time of drafting the contract by including the necessary legal clauses in model contracts, but also at the time when a dispute arises. Mistakes may result in cumbersome loss to the interests of landlords or tenants. The most common disputes in this area are eviction of residential or commercial places, avoidance of lease contract, goodwill, and transference of interests, change of profession and moderation of rent.
