In our real estate practice, we offer such services as (i) comprehensive legal advice concerning large-scale urban redevelopment projects, land readjustment projects and subleasing businesses and (ii) 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. We also assist in negotiating and drafting contracts in real estate transactions involving unit/sectional ownership interests in buildings and co-ownership interests, in addition to sales and leases involving simple ownership.
Bringing out the best in our expertise in finance-related practice, we further advise on new issues in real estate business today, where traditional practices related to real estate business and finance respectively are rapidly and increasingly merging. For example, in real estate transactions involving beneficial interests in a 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 advise on real estate transactions for which tax issues are taken into consideration, proposing, for example, not only the usual form of sales of real estate but also utilization of M&A structures that have certain merit for the assignor.
In addition, Iwata Godo advises on environmental laws and regulations related to real estate such as regulations on soil contamination, waste disposal, and hazardous materials such as asbestos and PCB, and represents clients in many lawsuits and other procedures in litigation and arbitration related to real estate transactions, including leasing of large-scale apartment buildings, providing assistance in dispute resolution.
Publications Related to Real Estate
Okushi Kenichi and Kashiwagi Kensuke co-authored an article titled "[Quick Report] Effects of New Coronavirus Infections on Legal Affairs of Domestic Real Estate Transactions and Summary of Issues," which appears in the Vol.55 of ARES Real Estate Securitization Journal.
Adachi Makoto's commentary titled "The Ministry of Justice Publishes the 'Interim Draft for the Revision of the Civil Code and the Real Property Registration Act (for Lands of Unknown Owners)' (December 3, 2019)" is available on the Shoji Homu Portal Site.
- ADACHI Makoto
Okushi Kenichi co-authored the 6th 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 Termination of the Sale and Purchase of Real Estate under the So-called Loan Provisions was Permitted,” which appears in the November/December 2019 issue (Vol.52) of ARES Real Estate Securitization Journal.
- OKUSHI Kenichi
Kashiwagi Kensuke and Sasaki Tomoo authored the 5th 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, regarding the sale and purchase of a building with the land lease right, the seller was exempted from the obligation to obtain prior approval from the landlord for the issuance of the funding approval document (Decision of the Tokyo District Court, Civil Division 12 on July 4, 2018)” which appears in Vol.51 of ARES Real Estate Securitization Journal.
Lectures, Seminars and Conferences Related to Real Estate
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.
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.
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.
News Related to Real Estate
Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.
- Dispute Resolution and
- Economic Law and
- Intellectual Property Law and Information Technology Law
- Bankruptcy Law and
Corporate Reorganization/ Rehabilitation
- Labour Law
- Environmental Law and
Large-Scale Environmental Litigation