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

  • 2019.01

    Motomura Takeshi, Yoshihara Tomomichi, Okushi Kenichi, Matsubara Takahiro, Mori Shunsuke and other lawyers' commentary article on a judgment rendered by the Tokyo High Court on October 31, 2018 regarding a case in which they represented a real-estate company as plaintiff and claims for damages equivalent to the lost rent and attorneys’ fees were accepted based on the legal principles of negligence in concluding a contract and on the original decision rendered by the Tokyo District Court on March 29, 2018 (regarding a case where a tenant candidate was found to be liable for damages based on negligence in concluding a contract regarding its refusal of executing a contract) appears in the Kinyu Shoji Hanrei No. 1557.

  • 2018.11

    Iida Hiroshi's commentary titled "The Ministry of Justice Publishes 'Special Measures Act on Smoothing the Use of Owner Unknown Land'" is available on the Shoji Homu Portal Site.

    Author:
    IIDA Hiroshi 
  • 2018.04

    Hazama Hiroyoshi's commentary titled "Ministry of Land, Infrastructure, Transport and Tourism Announces Revision of the "Standard Contract of Rental Housing" Based on Revision of the Civil Code and Increase in the Number ofAgreements Using Rent Guarantee Service Providers, etc.” is available on the Shoji Homu Portal Site.

    Author:
    HAZAMA Hiroyoshi 
  • 2018.02

    Tokumaru Daisuke's commentary titled "The Ministry of Justice Releases Study Report on the Owner's Consent Required for Construction of a Private Road Which is Owned by Several Persons" is available on the Shoji Homu Portal Site.

  • 2018.01

    Suzuki Masato authored an article entitled "The Point of the Amended Act on Specified Joint Real Estate Ventures" which appears in the Weekly Financial Affairs No. 3246.

    Author:
    SUZUKI Masato 

Lectures, Seminars and Conferences Related to Real Estate

  • 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 

  • 2018.10

    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 - from Contract Execution with Tenants to Their Bankruptcy" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

Practice Areas