What can David Kerstens do for you?

He may plead for you in proceedings, in an administrative or disciplinary procedure or in an arbitration. He can assist you in mediation. He can also advise you, draw up and read agreements or negotiate on your behalf.

Advice

David Kerstens will give you a clear explanation of your rights and obligations in the first place. He's familiar with the risks you're facing. He knows if and how risks can be avoided. He will also inform you without hesitation if your chances are not good and advise you on a different solution than the one you had in mind.

He can advise you on a intended cooperation or a proposal you have received. He can inform you about the chances of success if you wish to file a claim or advise you to choose another solution such as mediation by an accredited mediator or, if the case has already been brought before the court, to start negotiations.

Negotiate

David Kerstens can negotiate for you, with you or on your behalf, and you decide what you agree with and with which you do not. He will inform you clearly about your interests and your legal status, why some solutions are possible and others are not.

Negotiations between lawyers are confidential. You can make concessions without this ever being able to be used against you. This confidentiality can sometimes be decisive in order to come to a solution efficiently.

Drawing up agreements

Making good agreements means that also less obvious matters or scenarios are discussed, for which a solution must also be provided for in the agreement. David Kerstens assists you in the negotiations and sets out what is agreed on paper. Sometimes a model agreement can be used, sometimes an agreement is written entirely custom.

Don't hesitate to have your contracts read by David Kerstens. If the design concerned is on point, adapted to the intended transaction and does not require substantial adjustment, a limited flat-rate fee may be agreed, rather than the hourly rate charge.

In which domains is David Kerstens active?

David Kerstens is active in many areas of law with a focus on business law. Below you will find a selection of the files in which he has been active in recent years. This overview is intended to give you an idea of the possible services. However, do not hesitate to submit your question, even though the relevant matter does not occur below.

Consumer protection. David Kerstens advises companies on the agreements they conclude with consumers (this is someone who acts outside of any business activity) and the way in which the consumer's consent is obtained. Conversely, David Kerstens also assists consumers in disputes with companies, for example when they were insufficiently informed when purchasing goods or purchasing services. Was the consumer misled or could the consumer not resist the call to buy?

Transfer of companies. David Kerstens assists both prospective buyers and prospective sellers with the transfer of a business or the shares of a company. Sometimes after the transfer a seller is confronted with a request for guarantee or, even worse, a claim for annulment of the transfer. Sometimes a buyer actually feels "bought off." David Kerstens assists the buyer or seller in these post-acquisition disputes.

Commission jobs – cases related to building problems. David Kerstens represents the interests of many actors in the building process (client, contractor, architect, mobility expert), both in court and outside. An extrajudicial solution is often sought if possible, whether or not through a recognized mediator.

Based on his expertise in this field, David Kerstens has developed various models of building contracts. These agreements aim to strike an acceptable balance between the rights and obligations of the parties, but are intended to protect the interests of the builder or the contractor, as the case may be.

Distribution law and collaboration agreements. David Kerstens assists prospective parties when they conclude distribution and collaboration agreements (eg agency agreements, the so-called concessions of exclusive distribution, franchise). A good agreement and especially decent pre-contractual information can later avoid many problems and conflicts. Most disputes, however, occur when the relationship is terminated, certainly if the termination is abrupt or accompanied by unfair acts.

Real Estate and Property. David Kerstens advises private individuals and companies on the purchase and sale of real estate and deals with disputes that may arise after the purchase: the seller appears to have hidden or concealed certain defects, the buyer lightly signs an agreement and then no longer wants to execute the agreement ...

Real Estate Agent. David Kerstens acts for both real estate agencies and their clients.

Apartment co-ownership. Disputes with the Council for Co-ownership and / or the syndic.

Liability law. Fault, damage and causal relationship between the fault and the damage. An apparently simple rule that nevertheless gives rise to a great deal of casuistry.

Enterprises and individuals in financial difficulties. David Kerstens assists clients when they have payment difficulties. This includes negotiating with creditors to obtain a debt rescheduling or repayment plan, assistance when appearing before the Chamber for companies in difficulty, drafting a petition for judicial reorganization or collective debt settlement, conducting a defense against a summons in bankruptcy.

Recovery and enforcement disputes. David Kerstens will review your collection policy and strategy with you and can take the necessary steps to collect unpaid invoices, loans, etc., whether or not in cooperation with a bailiff in the context of the so-called IOS procedure or via a European Payment Order. If your goods have been seized by a creditor from a third party, David Kerstens can try to have the seizure voluntarily lifted. Failing this, a special procedure can be started.

David Kerstens can also help you increase your chances of recovery if your debtor has been admitted to a judicial reorganization or collective debt settlement procedure.

Tenancy law.

Neighbor disputes.

Companies. The parties often have an idea of what their cooperation will be like, but they have not considered specific aspects. A common scenario is this of the exit of one or more partners. Partners work together on a project, but suddenly one of them wants to do something else. How are the shares of the leaving partner valued? Who can buy out who at a 50/50 share ratio? What about a death? Do the heirs have any rights to the share or company? Some matters are best discussed in advance and confirmed in a shareholders agreement.

Employment law. Are you considering firing a staff member? Have your notification letter read by David Kerstens. Remember that in Belgium a dismissal must always be done by registered letter! You can say it orally but only after sending the letter.