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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。

Akiya (unused house) for sale, 50 mins from Tokyo : Is it really a good investment ?

* Foreigners can buy a property in Japan without having special qualification.

Japan has too many houses and there are more than 8 million empty houses/rooms here (which accounts for 13% of total number of properties).  Houses that are not used for a long time is called ‘akiya’ (空き家) in Japanese or ‘Empty house’ .Some home owners are virtually sitting on the empty houses doing nothing due to various reasons. And more and more individual investors are paying attention to this akiya market. 
In the light of Suruga bank scandal, Japanese banks are generally tightening their lending stance for the individuals investors.
Their business with institutional investors, of course,  are as usual but individuals investors are facing more challenging situation.
I am beginning to see more bogus-like hyperbole ads by rogue agents to lure the naive investors.
Please be careful and skirt such dangerous investment.
Individual investors are, in fact, shifting their eyes more towards akiya investment (abandoned house) because akiya investment does not require the large cash payment and offer the relatively attractive yield (return) . We recently spotted the following two properties in Chiba prefecture (Chiba prefecture is right next to Tokyo Metropolitan)  and are happy to share the information with you.
Read more

Is there any hot UR apartment to rent ? : Tips for hunting nice UR property in Japan

  (UR X IKEYA collaboration : IKEYA kitchen)

(UR X MUJI collaboration apartment in Kobe, Hyogo)

History and corporate structure of UR

It is worth knowing the background and character to deal with UR as they have started the operation as the government agency for housing.
Let me start with explaining the corporate structure and history of UR.

Their official name is ‘Urban Renaissance Agency’ (都市再生機構)and they are ’incorporated administrative agency’. (独立行政法人)
Officially speaking, they are not a part of the government organizations any more but still under the jurisdiction of
the Minister of Land, Infrastructure, Transport and Tourism (MLIT, 国土交通省)
All senior executives are amakudari from either cabinet office or MLIT.
Its capital is 107 billion yen and its number of employee is 3200.
Here is the brief history of UR.

Between 1975 and 1981
The organization provided housing and land through large-scale
development of new residential areas around major cities, which
were suffering from housing shortages due to high population and
industry concentration.
Representative projects include Chiba New
Town (Chiba Prefecture), Atsugi New Town (Kanagawa Prefecture)
and Izumi New Town (Osaka Prefecture).
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