property

February 27, 2017

What does the Incoterm FOB mean?

When goods are shipped with the condition Free on Board (FOB), the seller is responsible for preparing the goods for shipping and loading them onto the ship for transport.  The buyer is then responsible for paying the cost of transportation and any fees imposed at the eventual port of call.  Insurance, if necessary, is also the buyer’s responsibility, as the risk of loss transfers to the buyer upon the seller loading the goods onto the transport.  The term FOB can only be used in situations where goods are being shipped by land or sea.
January 16, 2017

When can rent on property be raised in Japan?

In Japan, traditionally rent is not raised every year and there are there are only 4 statutorily recognized situations where rent may be adjusted.  The Act on Land and Building Leases lists the 4 situations:  1) property taxes have increased or decreased, 2) property values have increased or decreased, 3) some other change in the economic situation, & 4) the rent is inappropriate compared with other properties in the area.  Barring one of these 4 situations, rent should not be adjusted either up or down.  However, situation #3 (change in economic situation) is very vague and can be used to […]
November 29, 2016

Is there an escrow system in Japan?

The Japanese government operates a public system very similar to escrow called the Deposit system (kyotaku 供託).  Under this system, a party may deposit money (or other negotiable securities) with the government deposit office prior to executing a contract.  Upon completion of the contract the government office will release the money to the relevant party.  This system can be useful if two parties to a contract do not trust each other to keep their promises.  In such case, one party may ask the other to put the money in the Deposit system until the performance is complete to ensure that […]
November 7, 2016

Who has the responsibility to repair damage to an apartment in Japan?

In general, Japanese law dictates that lessors are responsible for making the repairs necessary for use of the leased space or object.  In other words, a landlord that rents an apartment is generally responsible for maintaining the apartment in a usable manner.  However, small acts of maintenance (such as changing light-bulbs or repairing the paper on sliding shoji doors) are generally expected to be performed by the tenant during the course of the lease.