業務内容

Real Estate

Real Estate

In the practice field related to real estate, Iwata Godo offers such legal services as (i) provision of comprehensive legal advice concerning a large-scale urban redevelopment project, a land readjustment project and subleasing business and (ii) provision of legal advice on real estate related laws and regulations such as the Building Lots and Buildings Transaction Business Act, the City Planning Act and the Building Standards Act. It is needless to mention that we offer legal services in negotiating and drafting contracts on transactions of real estate involving unit/sectional ownership interest in a building and co-ownership interest in addition to usual sales and leases involving simple ownership.

Bringing out the best in our expertise in finance related practice, we further offer legal advice on new issues surrounding real estate business today where traditional practices related to real estate business and finance respectively are rapidly and increasingly merging. For example, in the case of transaction of real estate in the form of beneficial interest in trust, such finance related legislation as the Trust Act, the Trust Business Act and the Financial Instruments and Exchange Act need to be examined.

In cooperation with tax consultants, we also offer legal advice on real estate transactions for which tax related aspects are taken into consideration, proposing, for example, not only the usual form of sales of real estate but also utilization of M&A schemes that have certain merit for the assignor.

Further in addition, Iwata Godo offers legal advice on environmental laws and regulations related to real estate such as regulations on soil contamination, waste disposal, hazardous materials such as asbestos and PCB and represents clients in many litigations and other procedures in cases of litigation and arbitration related to real estate transactions including leasing of large-scale apartment building providing assistance in dispute resolution.

Publications Related to Real Estate

  • 2019.08

    Okushi Kenichi co-authored the 4th article of the series "Points for Attention to be Obtained from Judicial Precedents Regarding Practices of Real Estate/Finance Transactions" titled "A Case in which the Bad Faith of the Land Seller, which is a Legal Entity, was Recognized in Consideration of the Subjective View of the Individual who had a Significant Influence on the Decision-making” with Mr. Oura Takashi, a lawyer at Legal Affairs Department of Tokyu Land Corporation, which appears in July/August 2019 issue of ARES Real Estate Securitization Journal.

    Author:
    OKUSHI Kenichi 
  • 2019.07

    Fujita Hiroki contributed to the publication of "Sample Documents for Solving Problems in Real Estate Deals" which is published by SHINNIPPON-HOKI PUBLISHING CO., LTD.

    Author:
    FUJITA Hiroki 
  • 2019.04

    Iida Hiroshi's commentary titled "The Ministry of Justice Announces the Results of Public Comments on 'an Outline Plan Prepared by Persons in Charge of Legal Actions to Eliminate Irregular Registration'" is available on the Shoji Homu Portal Site.

    Author:
    IIDA Hiroshi 
  • 2019.04

    Okushi Kenichi authored the 2nd article of the series "Points for Attention to be Obtained from Judicial Precedents Regarding Practices of Real Estate/Finance Transactions" titled A Case which Allows to Claim Damages equivalent to Loss of Rent during Vacant Period and Attorney Fees based on the Legal Principle of Contractual Negligence Liability of a Real Estate Company Leasing a Whole Trust Asset Building against a Candidate Lessee with respect to Negotiations on a Fixed Term Building Lease Agreement to be made between the Real Estate Company and the Candidate Lessee” which appears in April 2019 issue of ARES Real Estate Securitization Journal.

    Author:
    OKUSHI Kenichi 
  • 2019.04

    Okushi Kenichi's commentary titled "The Ministry of Land, Infrastructure, Transport and Tourism Makes It Easy to Use Real Estate Cloud Funding by Clarifying Applicable Laws and Regulations: Development of Guidelines for Real Estate Cloud Funding"is available on the Shoji Homu Portal Site.

    Author:
    OKUSHI Kenichi 

Lectures, Seminars and Conferences Related to Real Estate

  • 2019.08

    Okushi Kenichi delivered a lecture titled "Legal Practice for Specific Amendment on Provisions of 'Sale and Purchase Agreement for Real Estate' and ‘Sale and Purchase Agreement for Beneficiary Interest in Real Estate Trust’ Considering Enforcement of Amended Civil Code as of April 1, 2020” at the JPI Conference Square.

    Speaker: OKUSHI Kenichi 

  • 2019.06

    Okushi Kenichi delivered a lecture titled "Key Points of Contracts and Dispute Resolution regarding Building Master Lease with Focus on Effects of Amended Law of Obligations" at a seminar room on the second floor of the Koami-cho Yasuda Building.

    Speaker: OKUSHI Kenichi 

  • 2019.04

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2019.01

    Okushi Kenichi delivered a lecture titled "Crowd Funding using Scheme of the Act on Specified Joint Real Estate Ventures - Scheme Overview and Public Comment Draft" in the 1st Workshop of Real Estate Financing Working Group hosted by Real Estate Tech Association for Japan.

    Speaker: OKUSHI Kenichi 

  • 2019.01

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Contract Clauses for Sale/Purchase of Real Properties and Beneficial Interests in Real Property Trust - Detailed Explanation on Significance and Background of the Clauses in Light of the Amended Law of Obligations” at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

News Related to Real Estate

  • 2019.04

    Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.

Practice Areas