Translating an operating contract into real estate

Translating an operating contract into real estate
Facebook
LinkedIn

In an international real estate environment, translating an operating agreement is more than just transposing words from one language to another. It's about ensuring that your contractual obligations, rights and responsibilities are legally valid, understood and respected in every country concerned.

This type of often complex contract governs the management and use of real estate for commercial, tourist or industrial activities. When used in a cross-border context, the slightest inaccuracy in translation can turn into a major legal risk.

Why the legal translation of an operating agreement is crucial

Operating agreements are at the heart of many real estate activities: rental management, hotel operation, commissioning of a shopping center or service building. When signed by parties of different nationalities, or used in another country, accurate translation is essential.

You must ensure that each translated clause accurately reflects the intention of the parties and respects the legal systems involved.

For example, an automatic termination clause translated too literally could be inapplicable in the target country, where the rules of contractual formalism are different.

High terminological and technical standards

An operating contract uses specific terminology, often technical and specific to real estate law:

  • Operating royalties
  • Preventive maintenance clause
  • Obligation to operate continuously
  • Firm term / tacitly renewable term
  • Early termination or contractual penalties

These concepts do not always have a direct equivalent in other languages or legal systems. It is therefore essential to call on the services of a legal translator who not only masters the language, but also the two legal cultures involved.

Case study: international litigation surrounding a commercial complex

Let's take the example of an operating contract for a shopping center in Luxembourg, signed between a French property company and a Belgian operator. In the event of a dispute over the non-operation of the site, it is the English version of the contract (translated from French) that is submitted to the arbitration tribunal.

If the "force majeure" or "guaranteed minimum operating" clause has been ambiguously translated, this can give rise to divergent interpretations in different legal systems, and put your position at a serious disadvantage. Approximate wording can be costly.

Why use specialized legal translators

Having a real estate contract translated by a generalist or machine translator is risky. These documents require :

  • A thorough knowledge of real estate law
  • An understanding of the legal implications of the terms used
  • Absolute rigor in form and content

At Legal 230, we entrust this type of translation to professionals who translate exclusively in the legal field, specializing in specific sectors (real estate, taxation, litigation, etc.).

Translate your operating agreement with confidence

Do you need to translate an operating agreement for a foreign partner, an international jurisdiction or a tax authority? Don't let the vagaries of language compromise your obligations.

👉 Contact Legal 230 for a rigorous legal translation tailored to your real estate needs and international constraints.