Atayyar Legal Company

Case Study

Dispute Value

Drafting a Real Estate Investment and Development Agreement for a Project Exceeding SAR 4 Billion in North Riyadh

SAR 4 billion

Atyar Advocates and Legal Consultants provided legal services to a private client in connection with a major real estate acquisition, development, and investment project in North Riyadh, with an investment value exceeding SAR 4 billion.The scope of work included legal advice, a comprehensive legal study of the transaction and investment structure, assessment of the client’s legal position, and drafting the investment agreement governing the parties’ rights, obligations, and implementation framework. The matter was handled with strict confidentiality regarding the client, property, parties, and commercial terms.

Quick Matter Overview

Investment Value

More than SAR 4,000,000,000

Project Location

North Riyadh, Saudi Arabia

Nature of the Asset

Real estate asset intended for investment and development

Subject of the Investment

Acquisition, development, and investment of the property

Subject of the Legal Work

Structuring and reviewing the investment relationship

Scope of Legal Services

Legal advice, comprehensive legal study, and drafting of the investment agreement

Background of the Real Estate Investment and Development Project

The matter concerned a high-value real estate investment project in North Riyadh with an investment value exceeding SAR 4 billion.The transaction involved the acquisition of a real estate asset followed by its development and investment, requiring the legal relationship to address not only the acquisition stage but also the subsequent development and investment phases.Given the substantial value of the project, the transaction required careful legal review of the investment structure, the relevant property documentation, the parties’ rights and obligations, the implementation mechanism, the financial arrangements, and the contractual risks associated with the development process.The client engaged Atyar Advocates and Legal Consultants to provide legal advice, prepare the required legal study, and draft an investment agreement establishing a clear contractual framework governing the project.

عقد استثماري لشراء 130 مليون سهم في مصرف الراجحي، مع مؤشرات سوق مالية ومستندات استثمارية وميزان العدالة وخلفية مدينة الرياض

Project Value

More than SAR 4 billion

Investment Location

North Riyadh

Nature Transaction

Acquisition, development, and investment of real estate

Subject Relationship

Real estate investment and development

Nature of the Investment Project

The legal work focused on creating a legal framework for a project combining the acquisition of a high-value real estate asset with its subsequent development and investment.

The principal matters reviewed and addressed included:

Essential Elements of the Investment Agreement

Real Estate Asset

Identifying the property subject to acquisition, development, and investment and linking it to the relevant title and property documentation.

Investment Structure

Defining the nature of the investment and the roles and responsibilities associated with acquisition, development, and investment of the property.

Financial Consideration

Regulating the investment value, financial obligations, payment mechanisms, and amounts connected with the various stages of the project.

Development Phases

Structuring the implementation phases and the obligations associated with each stage of the real estate development process.

Rights and Obligations of the Parties

Defining each party’s responsibilities, authority, financial commitments, administrative duties, and contractual obligations.

Default and Termination

Regulating events of default, the consequences of delay or non-performance, and the rights available if the investment relationship becomes disrupted.

Key Legal Challenges

Substantial Investment Value

The project exceeded SAR 4 billion in value, meaning that contractual ambiguity or an unclear allocation of obligations could carry significant financial consequences. The transaction therefore required precise drafting and clear allocation of responsibility.

Combining Acquisition, Development, and Investment

The transaction did not end with acquisition of the property. It extended to development and investment of the asset. Each stage therefore required separate legal treatment while remaining integrated within the overall contractual structure.

Establishing the Legal Position of the Property

The conditions required before implementation of the promise had to be stated clearly and in a manner capable of practical application. These conditions included the relevant financial and procedural obligations preceding the transfer of ownership.

Allocating the Parties’ Obligations

The project required clear allocation of financing, development, implementation, and management responsibilities. This was important to avoid overlap in authority or differing interpretations of the parties’ obligations.

Structuring the Implementation Phases

Large real estate projects require obligations to be organised by clearly defined implementation stages. Each stage needed to be connected with the relevant requirements, responsibilities, and timing.

Addressing Default and Project Disruption

The agreement needed to address delay, failure to perform, and disruption affecting any stage of the project. Clear provisions were therefore required to define the parties’ rights and available remedies if implementation was affected.

Our Legal Strategy

Reviewing the Project Structure

The engagement began with analysis of the project as an integrated acquisition, development, and real estate investment transaction. This enabled the legal framework to reflect the different stages of the investment.

Reviewing the Property Information

The available information and documentation relating to the property were reviewed to identify legal matters capable of affecting the transaction. This formed the basis for determining the issues requiring contractual treatment.

Structuring the Investment Relationship

The nature of the parties’ relationship, roles, rights, and obligations was defined. The objective was to minimise ambiguity in the management and implementation of the investment.

Structuring the Development Phases

The different stages of the project were addressed and the relevant rights, obligations, and timing were linked to each phase. This provided a clear contractual sequence for implementation.

Addressing Contractual Risk

Potential risks relating to delay, default, and non-performance were reviewed. The agreement was structured to include provisions protecting the client’s position if contractual performance was disrupted.

Drafting the Investment Agreement

A comprehensive investment agreement was prepared governing the acquisition, development, investment structure, financial commitments, implementation responsibilities, and contractual risks associated with the project.

Legal Services Provided

Legal Advice

Providing advice concerning the investment structure, acquisition of the property, development arrangements, and the rights and obligations arising from the project.

Comprehensive Legal Study

Preparing a legal assessment of the investment transaction, the legal position of the property, and the relationship between the project parties.

Drafting the Investment Agreement

Drafting an agreement governing the acquisition, development, and investment of the property and the contractual obligations and risks associated with the project.

Legal Insight

 The legal structure becomes particularly important where a project combines acquisition, development, and investment of a property within a single high-value transaction.In such projects, the agreement should not be limited to the purchase price. It should also regulate development phases, financial commitments, authority, implementation timelines, and the risks capable of arising during performance.Early legal review also assists in identifying issues capable of affecting the investment before the parties assume obligations that may later be difficult or costly to amend.

Legal Value Delivered to the Client

The Firm’s Experience in Real Estate Investment and Development

Atyar Advocates and Legal Consultants provides specialised legal services in real estate investment and development projects, including property acquisitions, investment structuring, and drafting of development and investment agreements.The firm’s services include reviewing legal matters associated with real estate assets, structuring financial and implementation obligations, allocating contractual risk between parties, and drafting agreements governing the different phases of major projects.The firm also assists clients in establishing clear contractual frameworks for high-value projects from acquisition of the underlying asset through development and investment.

Legal Team Responsible for This Matter

Dr. Turki altayyar

Prof. Dr. Turki Al-Tayyar

Founder and Managing Partner, and an expert in the judiciary, legal practice, arbitration, and university education, with more than 25 years of combined experience.

Mr. Salem Saad Al-Dosari

Partner specialising in administrative contracts, investment, and litigation, with extensive experience in administrative and commercial cases.

Practice Areas Related to This Matter

Need Legal Support for a Real Estate Investment or Development Project?

If you are planning to acquire, develop, or invest in a high-value real estate asset, Atyar Advocates and Legal Consultants provides legal advice, comprehensive legal studies, and drafting of real estate and investment agreements throughout Saudi Arabia.

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