Osamu Inoue delivered a lecture titled “Points of Legal Work Related to Real Estate Transactions Involving
Soil Contamination/Underground Obstacles.”

The outline of the lecture is as follows:

Host: Japan Knowledge Center
Date: October 05, 2022, 13:30 – 16:30
Lecturer: Osamu Inoue
Venue: Akasaka Star Gate Plaza

Points of Legal Work Related to Real Estate Transactions Involving Soil Contamination/Underground Obstacles

I.  Recent trends in real estate transactions involving soil contamination/underground obstacles

1. Increasing disputes concerning soil contamination and underground obstacles

2. Rising compensation amounts

3. Introduction of recent notable cases

II. Common types of problematic soil contamination and underground obstacles

A) Designated hazardous substances

B) Dioxins and the like

C) Oil contamination

D) Underground obstacles/waste

III. Legal liability in cases involving soil contamination and/or underground obstacles

A) Liability for non-conformity (overview)

B) Demand for subsequent completion

C) Request for reduction of purchase price

D) Claim for damages

E) Cancellation of contract

F) Restriction on period/statute of limitations

G) Limited liability clauses

H) Obligation of restoration

IV. Addressing by contract provisions

a. Provisions concerning environmental criteria

b. Provisions concerning pollution falling below reference values

c. Provisions concerning nature-derived contamination

d. Provisions to avoid arguments of non-conformity (defect)

e. Provisions concerning limitation of liability

f. Provisions concerning termination of contract

g. Provisions concerning investigation of soil contamination

h. Others

V. Q&A