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2024年11月2日

Buying Property in Japan as an Overseas Buyer: A Guide to Remote Contract Signing and Closing

Japan’s real estate market offers appealing opportunities for international buyers with its stable economy, transparent legal system, and relatively low-interest rates. For those who cannot be physically present, it is still possible to complete the property purchasing process remotely. With the right planning, legal support, and a reliable local team, overseas buyers can seamlessly navigate Japan’s real estate transaction process from afar. This guide will cover the key steps for remote property purchase in Japan, including signing the contract and completing the closing process.

1. Initial Preparations: Setting Up for a Remote Purchase

The first steps for an overseas buyer involve choosing the property, establishing communication channels, and setting up systems to manage the transaction remotely.

Choose a Reputable Real Estate Agent

Japan’s real estate market requires thorough understanding, especially for non-residents. It is essential to find a trustworthy, bilingual real estate agent. Our team at RE/MAX L-Style is experienced in handling transactions for foreign clients and can provide comprehensive remote support.

Obtain a Personal Seal or Digital Signature

In Japan, most contracts require an inkan or hanko (a personal seal), which holds similar legal significance to a signature. However, for remote buyers, agents and legal representatives can prepare a digital signature or an official proxy inkan to sign on the buyer’s behalf, depending on the nature of the contract. In cases where the previous option is not permitted, you may need to designate a proxy with Power of Attorney to sign documents on your behalf.

Arrange Financials in Advance

Most overseas buyers opt to pay by cash (via bank transfer), as securing a loan in Japan can be challenging for non-residents. At RE/MAX L-Style, our clients will send the funds to our company’s bank account in advance of both the contract signing and closing dates to ensure a smooth transaction. On these dates, we will then transfer the money to the seller on your behalf. Since international transfers can take up to 7 business days, it is essential to check with your bank to ensure the funds reach our account on time. If we cannot confirm receipt at least one day before signing, we may need to delay the process.

2. Contract Signing: Remote Execution of the Keiyaku-Sho

The contract phase, or keiyaku-sho, is the stage where the terms of purchase are formalized. In Japan, this process is strictly regulated to ensure clarity and protect both buyer and seller interests. While typically done in person, remote execution is possible with a few additional steps.

Understanding the Contract Process

The keiyaku-sho is a legally binding document that includes:

  • Property details and legal condition disclosures
  • Purchase price, deposit amount, and payment terms
  • Contingencies allowing cancellation under specific conditions
  • Closing date and transfer of ownership terms

The agent provides an Important Matters Explanation (Jūyō Jikō Setsumeisho) that outlines the condition, rights, and potential risks associated with the property.

Steps to Execute a Contract Remotely

  1. Review Documentation Electronically: Once the agent sends the contract and Important Matters Explanation, review it thoroughly. Your bilingual agent or legal representative should walk you through the contract to ensure comprehension.
  2. Appoint a Proxy with Power of Attorney (POA): If you are not in Japan, appointing a power of attorney (POA) is crucial. Your POA can sign the contract, attend important meetings, and represent you throughout the transaction. Your POA may be your real estate agent, a trusted friend or family member, lawyer, or Judicial Scrivener.
  3. Sign via Proxy or Digital Means: With POA in place, your representative can either physically stamp the contract with a proxy inkan or, if allowed, sign digitally. Japanese real estate regulations are becoming more accommodating of remote transactions, and many agents are well-equipped to facilitate electronic signatures or notarized digital documents.
  4. Make Initial Deposit Remotely: In Japan, it is customary to pay a deposit, called tetsuke-kin, to secure the transaction. International wire transfers are common for this deposit, typically 10% of the property price.

3. Closing the Deal Remotely: Title Registration and Final Payment

The final phase is closing the deal, known as kessai or hikiwatashi, where property ownership officially transfers to the buyer. Japan’s closing process is paperwork-intensive but can be managed remotely with the right legal and logistical arrangements.

Steps for Remote Closing

  1. Complete Remaining Payments: If using financing, your Japanese lender will transfer the funds on your behalf. For cash purchases, arrange an international transfer to cover the remaining balance.
  2. Title Registration with Judicial Scrivener: In Japan, a Judicial Scrivener (shihō-shoshi) oversees title transfers. Your Judicial Scrivener will register the property title under your name at the Legal Affairs Bureau. This step confirms legal ownership, and the title deed will be sent to your agent or POA. The registration process can be handled entirely remotely.
  3. Obtain Necessary Ownership Documents: After registration, ownership documents, including the title deed and keys, will be delivered to your POA or securely mailed to you. This finalizes the transfer of property rights.

Taxes and Closing Costs

In addition to the purchase price, closing costs include:

  • Acquisition Tax: Generally 4% of the property’s assessed value, paid 6-12 months after purchase
  • Judicial Scrivener Fees: Vary based on property complexity but are typically straightforward
  • Agent Fees: The standard fee in Japan is 3% + ¥60,000 + 10% tax
  • Fixed Property Tax: An annual tax usually billed in April, and prorated for the first year

These costs can be handled through international bank transfers, and your representative in Japan can manage the final settlements.

4. Post-Closing: Property Management and Maintenance

Once the transaction is complete, consider setting up a property management service. Property managers can handle tenant relations, maintenance, utility bills and tax filings on your behalf.

Checklist for Overseas Buyers Completing a Remote Purchase

To make the process efficient, ensure the following:

  • Select a trustworthy, bilingual real estate agent and/or lawyer for guidance.
  • Prepare all documents (passport, proof of funds, etc.) in digital format.
  • Appoint a Power of Attorney to sign documents and attend meetings.
  • Understand all fees and taxes to avoid surprises at closing.
  • Consider property management to manage your

Conclusion

Purchasing property in Japan without physical presence is feasible with careful planning and a strong local support team. By working with experienced professionals and familiarizing yourself with Japanese real estate practices, overseas buyers can complete the purchase process with confidence, taking advantage of Japan’s stable and welcoming property market from anywhere in the world.

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