With its glamorous brand, address, association with and access to an adjoining luxury hotel, a well-designed branded residence project initially appears to offer an “everyone wins” proposal to the participants: the project developer, the hotel operator, and the prospective residence buyer. However, the respective interests and objectives of the participants can significantly change over the life of the project, and indeed may directly conflict at various stages. Potential residence buyers obviously need to read the sales documentation carefully and obtain professional counsel before committing to buy. That said, developers and operators need to be conscious of the various commercial, legal, operational and financial issues that arise over the life cycle of the development and operation of the residence project. If these issues are addressed up-front through the project structure and documentation, it can significantly minimise future problems and better align the parties interests to deliver a successful branded residence project.
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