Japanese Real Estate Law
Q5: Why do we need a real estate lawyer for transactions when we buy property in Japan?

Registration does not necessarily mean that the registered holder has the relevant rights, because the rights cannot be obtained if the agreement is not valid or if the seller has no right to sell. However, registration is the most important document that provides proof to support the fact that the property rights belong to the registered holder.

Since title insurance is not available for Japanese real estate, you need to carefully check whether the seller has the right to sell. The previous registration documents of the relevant property and the mortgage information must be carefully and thoroughly examined.

Normally the broker will provide you with a "juyo-jiko-setsumeisho", which reports important matters regarding the property before the execution of the transaction required by the Building Lots and Buildings Transaction Business Act.

If you are a potential buyer of Japanese real estate rights, we highly recommend that you make use of a review service offered by a Japanese real estate lawyer, which can assist with the confirmation of the subject property status.



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