Real Estate Transactions and Development
Iwata Godo assists clients in the drafting and negotiation of agreements and other documentation for a wide range of real estate sale, lease and other transactions, including matters involving unit or sectional ownership, joint ownership and trust arrangements. We also advise on regulatory issues related to real estate under the Real Estate Brokerage Act, the City Planning Act, the Building Standards Act and other laws.
In real estate transactions involving beneficial interests in a trust, issues arise under the Trust Act, Trust Business Act and Financial Instruments and Exchange Act, and we can leverage our expertise in finance to advise on these transactions.
In addition, we provide comprehensive legal advice on real estate development, including major urban redevelopment and infrastructure projects. In development projects, legal issues may arise relating to joint ownership, partial ownership, agricultural land, and errors in the administration of decedents' estates, to name but a few, and we support our clients with analysis, investigation of risks, negotiations with other stakeholders, and legal and regulatory procedures. We also provide support in the selection and execution of development projects under the Urban Renewal Act and the Land Readjustment Act, and advise on negotiation of complex terms and conditions.
In collaboration with tax consultants, we advise on real estate transactions in which tax issues are taken into consideration, proposing, for example, not only the usual structure for sale of real estate but also use of M&A structures that have favorable tax consequences for the assignor.
In addition, Iwata Godo advises on environmental regulation related to real estate, including soil contamination, waste disposal and hazardous materials such as asbestos and PCB.