Real Estate Law

Real estate representation extends well beyond drafting the contract. It may include reviewing the legal status of the property and the rights being transferred, examining transaction documents, identifying risks, addressing tax considerations, negotiating and documenting the parties’ agreements, and managing the process through the required registration or other legal arrangements. Our approach is tailored to the nature of each transaction, whether it involves a purchase, a sale, a purchase from a developer or a more complex arrangement. From the outset, the aim is to understand the transaction as a whole and address the issues that may affect its legal, financial or practical outcome. The objective is not simply to reach signature, but to structure and complete the transaction on a clear and legally sound basis, while protecting the client’s position at every stage.

Before purchasing, selling or transferring rights in property, it is important to establish its actual legal status. What has been represented verbally does not always correspond with the Land Registry, the transaction documents or obligations that already affect the property. An early review may reveal registration issues, outstanding liabilities, restrictions, building irregularities or tax considerations that have not yet been taken into account. Identifying these matters before signing helps prevent a transaction from moving forward without a clear understanding of the risks involved. In our experience, this is one of the most important stages of a real estate transaction and, in some cases, may determine whether and on what terms it should proceed.

Buying a new property from a developer is not the same as purchasing a second-hand property. A transaction within a development project differs from a transfer between family members. Sales, leases, dissolution of co-ownership and transfers arising from inheritance or divorce each raise their own legal considerations. For that reason, we examine the circumstances of each transaction individually: who the parties are, what rights are involved, how the transaction is structured, which documents are available and what must be resolved before moving forward. The firm advises on a broad range of real estate transactions, including purchases from developers, second-hand transactions, purchase groups and lease agreements, with the legal work tailored to the particular characteristics of each matter.

A common mistake in real estate transactions is to focus on the agreed price without considering the wider tax implications. Purchase tax, land appreciation tax, available exemptions, related liabilities and the way a transaction is structured may all affect its ultimate financial outcome. We consider taxation as an integral part of the transaction, allowing clients to assess its economic implications in advance rather than discovering significant liabilities only after the transaction is already underway. This is particularly important in a field where the applicable tax considerations can be complex.

More complex real estate matters, including development projects, TAMA 38 projects, transactions involving landowners, condominium registration and planning and building proceedings, require coordination across several legal and administrative layers: contracts, property rights, public authorities, documentation and registration. The firm also represents rights holders in these processes, addressing the relevant legal issues throughout the planning, agreement and implementation stages. In matters of this kind, the legal work is not confined to negotiating or drafting the agreement. It also involves managing the process as a whole and completing the required legal, registration and documentation steps as fully as the circumstances allow.

Signing the agreement is an important milestone, but it is not necessarily the final stage. The period following signature may involve completing documentation, submitting required filings, obtaining approvals, arranging payments, transferring rights and completing registration. We continue to advise clients through these post-signing stages so that the transaction progresses in an orderly manner until completion. Where necessary, our representation may also extend to disputes or legal proceedings arising from the transaction, including enforcement of agreements, construction defects and issues relating to the use of the property.