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Investing in Japanese Real Estate through Mortgage Property Auctions: What Foreign Investors Need to Know

Investing in Japanese Real Estate: What Foreign Investors Need to Know

Japan is a country with a rich history and culture, and its real estate market is no exception.

With its unique blend of modernity and tradition,

Japan offers a wide range of investment opportunities for foreign investors.

However, investing in Japanese real estate can be a complex process,

and it is important to understand the legal and

cultural nuances before making an investment.

As a real estate agent based in Tokyo serving foreign investors,

I have seen first-hand the potential for growth and success

in the Japanese real estate market.

In this article, I will share some key information t

hat foreign investors should know before investing in Japanese real estate.

 

Understanding the Legal System

One of the most important things to understand

before investing in Japanese real estate is the legal system.

Japan has a civil law system, which means that the law is primarily

based on written codes and statutes.

This is different from common law systems,

such as those found in the United States and the United Kingdom,

where the law is primarily based on judicial decisions and precedents.

In Japan, there are several laws and regulations that govern real estate transactions.

For example, the Civil Code sets out the basic rules

for contracts, property rights, and other legal matters.

There are also specific laws that regulate real estate transactions,

such as the Building Lots and Buildings Transaction Business Act

and the Real Estate Specified Joint Enterprise Act.

It is important for foreign investors to understand these laws

and regulations before investing in Japanese real estate.

Working with a knowledgeable real estate agent

or attorney can help ensure that your investment is legally sound.

 

Cultural Differences

In addition to understanding the legal system, it is also important

to be aware of cultural differences when investing in Japanese real estate.

Japan has a unique culture that can impact the way business is conducted.

For example, in Japan, it is common for parties to engage in lengthy negotiations

before reaching an agreement.

This can be different from other countries

where negotiations may be more direct and straightforward.

It is important to be patient and respectful during these negotiations

to build trust and establish a good working relationship.

Another cultural difference to be aware of is the importance of

hierarchy and seniority in Japanese society.

In business dealings, it is important to show respect to

those who are older or more senior than you.

This can include using formal language and bowing when greeting someone.

Case Study: Mortgage Property Auctions

To illustrate some of the complexities of investing in Japanese real estate,

let’s look at a recent case involving a mortgage property auction.

In this case, a real estate company acquired a single-family home at auction

for resale purposes. However,

They discovered that the previous owner had rented out the property

and that the actual occupant was a subtenant who had sublet it without permission.

They demanded immediate eviction from the subtenant,

but they (the occupant) claimed that there was

a six-month grace period for eviction and refused to vacate.

This situation raised several legal questions

about the rights of the purchaser, tenant, and subtenant.

 

Under Japanese law, if mortgaged real estate subject to lease

is put up for auction, if a lease agreement was concluded before mortgage rights

were established and delivery was received by tenant,

then tenant’s lease rights take precedence over mortgage rights

and tenant can continue to occupy. However,

if tenant acquired lease rights after mortgage rights were established

and has been using or earning income from them before commencement

of auction proceedings, they are protected by six-month grace period

for delivery and do not have to deliver auctioned property to purchaser

(Civil Code Article 395(1)).

In this case, it was determined that no grace period for eviction

was granted to subtenants who had not obtained consent from their landlords (Civil Code Article 612).

As such, the real estate company was able to request eviction from the subtenant.

This case illustrates some of the complexities of investing

in Japanese real estate.

 

It is important for foreign investors to work

with knowledgeable professionals who can help navigate these complexities.

 

Conclusion

Investing in Japanese real estate can be a rewarding experience for foreign investors.

However, it is important to understand the legal system and cultural differences

before making an investment.

Working with a knowledgeable real estate agent or attorney can help ensure

that your investment is successful.

I hope this article has provided some useful information

for foreign investors looking to invest in Japanese real estate.

If you have any further questions or would like more information about investing in Japan,

please don’t hesitate to contact us.

 

Insight

Investing in Japanese real estate can be a great opportunity for foreign investors.

However, it is important to understand the legal and cultural nuances before making an investment.

Working with a knowledgeable real estate agent or

attorney can help ensure that your investment is legally sound and culturally appropriate.

If you are a foreign investor looking to invest in Japan,

don’t hesitate to take the first step.

Contact a real estate agent or attorney today to learn

more about the opportunities available to you.

With the right guidance and support,

you can successfully navigate the complexities of the Japanese real estate market

and make a profitable investment.

So why wait? Take action today and start your journey

towards success in the Japanese real estate market!

Source: 抵当不動産を競落した買受人は、無断で入居している転使用借人に対し、競落物件の引渡しを求めることができるか。

The Japanese Housing Market: Is it Time to Buy?

 

The Japanese Housing Market: Is it Time to Buy?

The prices of newly built standalone homes and condominiums in Japan

have been rising steadily for the past few years,

but there is a growing concern that the market may

be reaching a turning point.

The prices of newly built standalone homes and condominiums

have been rising steadily for the past few years.

 

The price of used condominiums has increased by more than 70% over 10 years.

 

The rise in condominium prices, especially in the metropolitan area, continues.

However, there is a growing concern that the market may be reaching a turning point.

Read more

New Home Prices in Japan Continue to Rise, but Demand is Weakening

 

New Home Prices in Japan Continue to Rise,

but Demand is Weakening

 

 

The average asking price for small-scale newly built detached houses in Tokyo 23 wards was 7031 million yen in April,

 

an increase of 0.7% from the previous month.

 

This is the highest price since the statistics started in April 2014.

 

The rise in construction material costs and labour costs has been passed on to home buyers,

 

and prices have continued to rise. However, housing demand is weakening due to rising prices.

 

A survey by Tokyo Kantei found that the number of people who are interested

 

in buying a new home has decreased by 10% from the previous year.

 

This is due to a number of factors, including the rising cost of living,

 

the uncertainty of the economy, and the war in Ukraine.

Read more

Credit Saison Co., Ltd. has begun offering the “Saison Real Estate Free Loan” , a service that allows users to freely utilize funds within the limit, using their owned real estate as collateral.

 

Credit Saison Co., Ltd. has begun offering the

“Saison Real Estate Free Loan” from March 31st ,2023,

a service that allows users

to freely utilize funds within the limit,

using their owned real estate as collateral.

 

It is presumed that among affluent individuals and property owners,

there are those who face challenges and concerns regarding asset management and operation,

such as inheritance measures for business succession, property succession, and real estate operation.

To address the diverse financial needs of affluent individuals, real estate investors (property owners),

and sole proprietors with various challenges, this service has been introduced as a new solution utilizing real estate.

The service leverages the know-how of real estate finance cultivated through various real estate financial services,

including those of the company’s group companies and the expertise of the credit card business.

As a non-bank product unique to the company, it offers “freedom of fund usage,” “extreme-type loans,” “high-value loans,”

and “selectable repayment methods.”

 

Read more

Understanding Japan’s Real Estate Landscape: Population Dynamics, Vacant Homes, and Global Competitiveness

 

Will Real Estate Prices Really Decline Long-term in Japan?

 

Based on the following four points, we will explore this issue.

 

In conclusion, while it is unclear what the long-term trend of real estate prices in Japan

 

as a whole will be, we can conclude that real estate prices in rural areas are likely to decline.

 

The relationship between population decline

 

and real estate prices In Japan

 

The population is declining, which is a contributing factor to falling real estate prices.

 

In particular, the decrease in population in rural areas is significant,

 

and it is expected that real estate prices will decline as demand decreases.

 

“au Jibun Bank and SBI Sumishin Net Bank Shake Up the Japanese Home Loan Market: A Borrower’s Guide”

 

Competitive Landscape in Japan’s

Home Loan Industry

: Unraveling the Impact of

Internet-Only Banks

 

The Japanese home loan market is witnessing fierce competition, with internet-only banks

 

such as au Jibun Bank and SBI Sumishin Net Bank leading the charge.

 

 

These banks leverage their lower operating costs to offer attractive interest rates

 

on variable-rate home loans.

 

Recently, au Jibun Bank expanded its preferential rates, reaching as low as 0.196%

 

for some customers. Meanwhile, SBI Sumishin Net Bank,

 

which has a market share of around 5%, reduced its refinancing rate to 0.299%.

 

 

Traditional banks are also competing by lowering their expenses through digitization

 

and offering competitive interest rates.

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Japanese real estate essentials: The city planning law : You need to understand before you buy a property in Japan

What is the purpose of the city planning law ?

The city planning law which is set by the Ministry of land infrastructure transport and tourism (MLIT)

exists to regulate urban development.

The law divide Japan into mainly two parts :

1.The city planning area which is regulated by the city planning law

2. The non-city planning area which is not regulated by this law

City planning area is mainly divided into urbanization promotion areas where development is promoted and urbanization restricted areas where the development is restricted.

Urbanization restricted areas consist of agricultural, forestry and fishery projects.

Urbanization restricted areas are not allowed to build residential, office and retail properties.

*

For example, if you want buy a land in the agricultural areas, you may not able to build your own house.

Don’t forget to check the relevant law and regulation before you purchase such land.

Read more