2022年12月06日

How to buy a property in Japan

Find out your real estate agent

Contruct with agent and Brokerage servic

The mediation contract is intended to prevent trouble in regard to intermediate duties by making specifications (the kind of service you receive) or the brokerage fee of the duties that the purchase applicant asks the real estate company which will be included in contract. In the real estate company in response to a request of the intermediation, the conclusion of contracting is required to legal (2 of residential land building business method Article 34)

3 type of Agreements

There are 3 type of Brokerage Service Agreements as follows;

      1)    専属専任媒介契約型式  Privileged and Exclusive Brokerage Service Agreement

The client cannot ask any other real estate agent for intermediation and/or substitution in the buying and selling of the targeted properties or the exchange of any properties at the same time as dealing with us. The client cannot make a contract to buy, sell or exchange with a partner whom the client discovered by oneself. We will register the targeted property with Real Estate Information Network System (REINS) designated by Ministry of Land, Infrastructure, Transport and Tourism. 

 

      2)  専任媒介契約型式 Exclusive Brokerage Service Agreement

The client cannot ask any other real estate companies for intermediation and/or substitution in the buying and selling of the targeted properties or the exchange of any properties at the same time as dealing with us. The client can make a contract to buy, sell or exchange properties with a partner whom yon discovered by yourself. * (Please see below.) We will register the targeted property with Real Estate Information Network System (REINS) designated by Ministry of Land, Infrastructure, Transport and Tourism.

3) 
 
一般媒介契約型式 Brokerage Service Agreement

The client can ask any real estate companies for intermediation and/or substitution of the buying and selling of the targeted properties or the exchange properties at the same time as dealing with us.  The client can make a contract to buy, sell or exchange properties which you have found by yourself. * (Please see below.)

 

ESTIMATION OF PURCHASING COSTS

It is necessary for you to make a plan of the purchase expenses not only for the actual property, but also other expenditure, such as taxes, insurance premiums, commission fee, moving cost and renovation fee, if any.  Necessary expense should be incorporated in the bank loan when you plan to propose it.

 

A. TAXES

1.   PropertyRegistration and License Tax  登録免許税  

                                     Administrative BodyLegal Affairs Bureau/Tax office

l  When construction is completed or land and budling are bought, Property Registration and License Tax is levied on ownership preservation and transfer registration.

l  You file for the transfer of the property title with the Legal Affairs Bureau and Tax office.

l  You are required to pay a Property Registration & License Tax. Registration of land ownership is 1.5% of the assessed value of the property (2% after April 1, 2021), and registration of building ownership is 2%.

Value of land*[1] x Tax rate (Land 1.5%) + Value of land x Tax rate (building 2.0%)

 

2.         Real Estate Acquisition Tax 不動産取得税  Adm.BodyLocal Tax Bureau

l  Rea Estate Acquisition Tax is levied by prefectures on acquisition, new construction and addition of property.  This tax shall be paid to the relevant local tax bureau only once after purchasing the property.

Land and residential properties = 3 % (Up till March 31, 2021)

Other properties = 4 % of assessed value of fixed asset

l  There are reduction measures in the case of used properties.  Please ask us for further information.

 

3.      Fixed Asset Tax City & Planning Tax固定資産・都市計画税  Adm.BodyMunicipal office

l  A person owning the property as  January 1 has a duty to pay. 

l  Therefore, you should pay back to the landowner the amount in accordance with the number of days of your ownership of the property for the first year. 

l   The following year, a municipal office will send you a payment statement.

       Fixed Asset Tax =Tax base x 1.4 % (standardized assessed value of a property) City & Planning Tax =Tax Base x 0.3 % (Maximum tax rate)



[1] Assessed value of fixed asset shall be less than 80 % of actual purchasing costs.   It is matter to confirm.

B. Service fee & commission

1.      Registration Service fee

When you file for the transfer of the property title with the Legal Affairs Bureau and Tax Office, you must ask a judicial scrivener (司法書士, shihoushoushi) for a representation act. A handling service fee shall be paid to a judicial scrivener office on settlement day.  Please ask us for further details of the amount.

2.      Brokerage Commission

Generally, a brokerage commission shall be paid to the real estate agent on settlement day as on the contract concluded between you and the agent.

         Brokerage Commission = actual amount of the property x 3 % +

 (consumption tax I0 % )

 

C. Other fees

3. 

C. Other fees

 1.   Stamp Duty

Stamp Duty is levied on taxable documents.  In real estate related transactions, sales and purchase agreement, construction contract and loan agreement fall under taxable document and are taxed based on the contract amount.
               
⇒ Tax amount = JPY 0 - JPY 480,000

2.      Insurance Premiums

Fire insurance is required.  Obtaining fire insurance is mandatory at the time when you apply for a banking loan.  Participation is not obligated you will not request a bank loan.  Fire insurance premium is paid on a yearly basis. The insurance period is one year.

 

3.      Moving expenses

Generally, people ask a professional moving company to help with moving out and moving in. It is recommended to get a quotation from a number of moving companies before agreeing.

D. Bank Loan

1.      Loan Fees

Finally, you will come to know all expenses (sum of A~C) that you have to pay.  You will need to make a plan and choose a financing bank.

Please include a rough estimate to reform expenses, if you have a plan to reform.

 

 

INFORMATION GATHERING

Searching for properties utilizing network and database.

 

1.     Property Search

Once you have signed the Brokerage Service Agreement, we start searching for properties for you. We try to our best to provide updated and credible information on various properties that meet your criteria.

 

 

2.     ECOya's    Services                                                                                                          

PROPERTY VIEWING

Arranging property viewings with us.

 

1.     Property Viewing

Viewing the property is the most effective way to survey the actual conditions and neighboring environment of the property. You may not necessarily find this information on the listing.  We will accompany you and provide you with detailed on-site information.

2.     Property Inspection

When viewing a property, closely compare what is shown and described in flyers and ads with what you actually see.

3.     Area Observation

It is very important that you check out the surrounding environment. Please make sure you check the distance from the closest station to the property.  Also, confirm availability of public facilities such as schools, parks, hospitals and shopping streets. Pay attention to the traffic conditions of the area. In many areas, congestion and noise level of traffic show a different pattern on weekdays from weekends.

TRANSACTION CONTRACT

Submit an offer and negotiate the terms and conditions with the seller. Once both parties agree, we will prepare the transaction contracts including the Purchase & Sale Agreement.

1.     Step 1: Submitting a Written Offer

Once you find a property that you wish to purchase, your next step is to submit a Letter of Intent (kaitsuke shomei =,買付証明) i.e. your offer. We will begin negotiation with the seller on your behalf regarding the purchase price, payment method and timing, delivery date, and equipment and fixtures that shall remain with the property, as well as other terms and conditions.  Sometime, a deposit might be required with the offer.  This is done on a case-by-case basis.

After you submit a written offer, you will be reviewed in terms of your immigration status and financial capacity.  Usually, the real estate agent will cooperate with this action.

3.     Step 3: Disclosure Statement

If you clear Step 2 above, a real estate agent will prepare a “Statement of Important Matters (SIM)”in accordance with Japanese Law.  (It is an illegal act to neglect this process.)   A Real Estate company must appoint adult, exclusive transaction specialists (persons to whom a Real Estate Transaction Specialist identification card as provided for in Article 22-2, paragraph (1), has been issued; the same applies hereinafter) of the amount as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of the size of each business office, the contents of operations, and other factors to each business office thereof and any other location as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism (referred to hereinafter in this article and Article 50, paragraph (1), as a "Business Office, etc.").  The specialist   is obligated by law to explain to the client (especially the buyer) details about the property such as title registration, the type of property ownership and right, legal description of the property, payment methods, and the applicable provisions in the case of cancellation.

l  The final step is concluding a Contract (Agreement) between a seller and a buyer.   Qualified persons both real estate agents of seller and buyer are obligated by law to explain details of contents of the Contract (Agreement) before signing.  The purpose of this agreement is to stipulate the conditions of the transaction and the rights and obligations of both the seller and buyer to ensure a safe and legally binding transaction.  

l  Duplicate (or triplicate) original Contracts (Agreements) shall be prepared by relevant real estate agent(s) and you are requested to sign each original.

 Once parties sign the Contract (Agreement) and the buyer makes a down payment*[1], the Contract (Agreement) legally comes into effect.

What you will need when signing the Purchase and Sale Contract (Agreement)

·             Passport /Alien registration card /Right of permanent residence certificate

·             Affidavit, if necessary

·             Certificate of Signature or Registered personal seal (Dated within the past                three months)

·             Certificate of seal-impression (印鑑証明)

·             Funds to cover the Stamp Duty fee (The fee depends on the purchase price                     of the property)

·             Down payment*3

* The documents & payment you need will differ depending on your case.           For more details, please ask us.

 

5.     Step 5: Proposing an official contract for a bank loan

When you conclude the Purchase and Sale Agreement, you need to apply official contract for a home loan.   It is necessary for financing to be approved by a guarantee company as well as the financial institution which with examine your proposal.   For your information, please see the attached written product outline for Suruga bank home loan (applicable as of September 9, 2020).  For your reference, we also introduce the following:

Housing loan simulation | SMBC Trust Bank (smbctb.co.jp)

 

suruga_homeloan_en_gaiyou.pdf (surugabank.co.jp)

 

 

PowerSmart Home Mortgage | Shinseibank.com

 


[1] Down payment (Advance confirmation of the payment method) will be matter of discussed among clients and real estate agent.  All payment on settlement day (finalizing day) can be applicable.
 
 

FINALIZING

Settle all payments in exchange for the keys, and finalize the purchase including transfer of title.

1.      Steps to Finalize the Transaction

  1. Verification of the contents of the registration forms
  2. Payment of the outstanding balance
  3. Payment of property tax and other fees
  4. Other Payments (e.g., outstanding balance on brokerage commission or other service fees)
  5. Receipt of documents (e.g., warranties, confirmation of property lines, management bylaws)
  6. Delivery of keys

 

2.      Documents and Fees Required upon closing

Depending on the type of property that you have purchased, the documents and fees required upon closing will differ. However, please refer to the following shows for your reference.

    1. Passport/ Alien registration card /Right of permanent residence certificate
    2. Affidavit, if necessary
    3. Outstanding balance of the purchase price of the property
    4. Outstanding balance of the brokerage commission
    5. Registration fee (Property Registration & License Tax, handling service fee charged by a judicial scrivener)
    6. Property Tax, City Planning Tax, Property Management fees and other charges.

*These amounts will be pro-rated based on the number of the days of ownership.

    1. Certificate of signature or registered personal seal (dated within the past three months) which is required only when a mortgage lien is recorded on the property title.

 

3.      Ownership Title Registration Procedures

The property title must be registered to hold a public record of the property ownership. Due to the complexities of the process, it is typical for judicial scriveners to handle this matter for you. The judicial scriveners will complete the necessary registration application documents to be filed with the Legal Affairs Bureau. Upon receiving filed and recorded property title registration documents (Property Title Deed) from your judicial scrivener, you should keep them in a secure place to ensure they are not lost or damaged.

 

 

MOVE-IN

Begin preparation to move in to your new property, using the checklist.

 

Checklist for Relocation

l  Begin preparation to move out. Separate items into those you will keep, donate or discard.

l  Choose the moving company. *Please ask us if you need move information.

l  Notify your municipal ward office of your move.

l  Cancel and submit new application for utilities- electricity, gas, telephone, Internet, etc.

l  Notify address change to banks, insurance companies, credit card companies, etc.

l  Notify your children's school of the transfer, and enroll in a new school.

 


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