Tag Archive for risk

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.



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.



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。

Understanding Key Clauses in Japanese Real Estate: A Guide for Foreign Investors


Hello, dear readers and investors!


As a real estate agent based in Tokyo, I have the privilege of assisting numerous foreign investors

in navigating the intricacies of the Japanese property market.

Today, I’d like to share some insights on a critical aspect of real estate transactions in Japan

– the extension of settlement dates and loan cancellation dates in sales contracts.


This topic is particularly relevant for those planning to finance their property purchase through a housing loan.


In the realm of real estate transactions, it’s common for buyers to finance their purchases through housing loans. In Japan,

when a buyer opts for a housing loan, a specific clause, known as the housing loan clause (or loan cancellation clause),

is typically included in the sales contract.

This clause provides a safety net for buyers,

allowing them to cancel the contract if they fail to secure loan approval from their financial institution.

Now, let’s consider a scenario where the buyer’s financial arrangements are delayed,

leading to an agreed extension of the settlement date (the payment date) with the seller.

A question that often arises in such situations is – does the extension of the settlement date also imply an extension of the loan cancellation date?

Read more

Transforming Akiya(unused house) into a Hotel?: Navigating the Legal Maze for a Successful Investment


Contemplating Purchasing

Akiya and Turning It into a Hotel?

Uncover the Legal Considerations

for Change of Use


If you’re mulling over the idea of buying an Akiya (unused house) in Japan


and converting it into a hotel, it’s crucial to familiarize yourself


with the legal considerations involved in modifying the property’s purpose.


In this blog post, we’ll highlight the primary aspects you need to


keep in mind before diving into this thrilling endeavor.


Stay up-to-date and optimize your investment by following our business


blog for more news and valuable insights.

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Unlocking Wealth in Japan’s Property Market: An Investment Roadmap for Affluent Individuals



Discovering Lucrative Opportunities in Japanese Real Estate


for High-Net-Worth Investors




Japan has long been an attractive destination for high-net-worth individuals


who appreciate its rich culture, modern cities, and stunning landscapes.


As the yen continues to depreciate and real estate prices remain relatively low compared to other global cities,


now is the perfect time for investors with a net worth of 1-2 million


US dollars to explore opportunities in the Japanese property market.


Prime Locations:


While Tokyo is the most popular choice for foreign investors,

other metropolitan areas such as Osaka and Nagoya also offer attractive investment prospects.

For those interested in resort properties, Hokkaido and Okinawa are becoming increasingly popular choices.


Example Properties in Tokyo:


Minato-ku, Tokyo: A luxurious 2-bedroom apartment in the upscale Minato-ku district offers


investors a taste of cosmopolitan living. With a price tag of around $1 million,


the apartment offers a potential rental yield of 4-5%.


Shibuya-ku, Tokyo: A modern one-bedroom apartment in the vibrant Shibuya-ku area offers


a more affordable investment option at around $500,000.


The potential rental yield for this property is approximately 3-4%.

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Buying a very affordable condominium in Japan ?: Do the due diligence

Irresistible ?

I receive a number of inquiries about very affordable and yet old condominiums from foreign nationals.

They don’t know much about Japanese market.

Japan is facing serious social issues including ageing society and shrinking population.

And old condominiums are facing similar realities especially in the regional areas.

I am not saying all old condominiums are risky but please do not jump at the gun only because they are cheap.

You need to carefully investigate the property and check the potential risks.

Real estates are totally controlled by the market mechanism and they are cheap for a reason.

That said, if you carefully search, you could get a relatively good investment.

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Controversial argument: Where are the places you don’t want to live in Tokyo ?



Moving into a new place can be an exciting yet expensive decision.

It is essential that you view the property in person as the photos may (or may not) do the property justice.

You may be able to identify issues that are not present in the photos, which may not be up to date.

Visiting the property gives you a feel for the location and the neighbourhood.

In any cities, there are some neighbourhoods where you don’t walk in the middle of night alone.

In fact, in Tokyo there is almost none.

Maybe you may feel weird if you walk on the street early in the morning in Shinjuku Kabukicho but you won’t feel

extreme insecurity.

I recently read a book written by a guy called ‘Masayoshi Osaka’. The book is called ‘Where are the places you don’t

want to live in greater Tokyo ?’  It is highly controversial and full of prejudice such as race, income and business.

He is a reasonably well-known blogger, originally from Osaka.

He is running a media company “Tokyo Deep Guide” , which is the extreme biased media.

The media shines light not on the positive side of the cities/towns in Tokyo but on the negative side.

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What to Know About Defects Problems and Industry Issues in Japan Before You Buy a Condo

In Japan’s condominium industry, there are some serious issues.
In 2015,  there was a huge scandal involving the condo complex called
“Park city La La Yokohama” developed by Mitsui Fudosan.

Mitsui Fudosan is the top developer in Japan.

Construction based on false data was carried out in October 2015, and a scandal where the building was inclined was discovered because the plurality of piles did not reach the appropriate depth in the ground. Safety for earthquake resistance was suspected.Read more

Buying a house in Japan ? Here’s all-too common mistakes to avoid

We don’t need to tell you about the brilliance of Japan quality: detailed, good service and competitive price etc etc.  
But for how good Japan quality in general is, it’s equally easy to screw up. Badly.
Japan’s real estate industry and construction industry are full of fraudulent companies.
A number of them are rogue (of course, there are good and trustworthy companies, too.)
You need to be very careful to deal with them.
When you build your brand-new house in Japan, you must be extra mindful because it could be a disaster if it goes wrong.
It is widely known to the industry professionals that the laws are not necessarily protecting the consumers
Why is the owner (consumer) in so disadvantageous position ?

There are five main reasons.
1.The industry is not seeking a repeat business so they don’t look after customers well
2. High overhead cost
3. The related laws have many loopholes
4. The owner(customer) trusts the contractor  (real estate agents and builders included) too much
5. Victim’s tragic stories are not widely reported in the media.

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Pitfall of the condo unit investment in Japan : Management company and work matter

There are many apartment buildings which are failing in the their management in Japan.If you live in the apartment buildings you have to be cautiously attentive how your building is managed.

What about the property for the investment ?

KENBIYA (major Japanese property web site) recently wrote an interesting story about the management of the residential buildings (both for living and investment) 

As an investor, perhaps the management of the building does not seem to be your business but I have to warn you that actually the management of many residential buildings for the investment is more likely to
be failing.

But Why  ?

The reason is very simple. Owners (investors) don’t care because they don’t live there.
In some cases monthly management fee (管理費)is not paid by many owners, management fee (fund) is spent improperly. In some cases someone took the money and run away.

Case 1
Serious trouble of the property for investment that were built the bubble period.
One of the relatively common examples is the an apartment in Tokyo, which is close to the city center.
These buildings (usually with units of studios) were built as a tax saving measure for salaried workers in the bubble period.

Read more