Consultation on Real Estate Issues | Service | Setagaya Yoga Law Office, a law firm specializing in individual clients

Is the purchase price and the subject of the transaction clear?
Confirm that the price of the property is clearly stated and that the extent of the land or building to be sold or purchased (e.g., lot number and house number in the registry) is accurately identified. It is also necessary to confirm that the presence or absence of ancillary items (equipment, furniture, etc.) is also clearly stated.

What are the prior notices (Important Matters Explanation, Property Condition Report, etc.)?
Check to see if items that the seller is obligated to notify you about (past leaks, termite damage, accidents, etc.) are accurately described in the "Statement of Important Matters" and "Property Condition Report". These will greatly affect your purchase decision.

Whether liability for contractual non-conformity exists or not, and for what period of time
Check whether the seller is liable for any hidden defects in the property, and whether the existence of "liability for nonconformity to contract," its scope and duration (e.g., "within three months after delivery") are clearly stated.

Have the boundaries been established and surveyed?
Check whether the boundary with the adjacent land is legally fixed, whether boundary markers (stakes, etc.) are installed at the site, and whether the survey map is up-to-date. If the boundary is unclear, there is a possibility of trouble with neighbors in the future.

Is there a penalty clause, and what percentage of the
Check to see if there is a clause regarding a penalty for unilaterally breaking a contract, and whether the amount and percentage are reasonable. Care should be taken to ensure that there are no excessive penalties.

What are the terms of the release of deposit, loan covenants, and replacement covenants?
- Deposit Release Clause: Is it a condition that allows the contract to be terminated by waiving/doubling back the deposit?
- Loan covenant: can the contract be unconditionally terminated if the loan is not approved?
- Replacement clause: Can the contract be cancelled if the buyer's home does not sell?

Are there any other covenants?
For example, if there are special covenants that are tailored to individual circumstances, such as delivery of furniture, removal of leftover items from the premises, adjustment of the delivery date, etc., we will confirm that the covenants are clear and legally appropriate.

Normal lease or fixed-term lease?
Depending on the type of contract, the possibility of renewal or eviction after the contract ends differs. In the case of a fixed-term lease contract, be careful to make sure that the contract is clearly stated and explained in writing that the contract will definitely end at the end of the contract period.

The scope, rent, and term of the lease
Check to see if the scope of the rental (entire building, part of a parcel, etc.), monthly rent, whether there is a common service fee, and the length of the contract are clearly defined.

The restoration obligations include
Check how the contract defines the extent to which you are required to restore the property to its original condition when you vacate. The key point is whether the guidelines of the Ministry of Land, Infrastructure, Transport and Tourism are followed and whether any special burdens are imposed.

Is there any limitation of use (office? Store? Residence?)
Is there any restriction on the purpose of use? For example, using office space in a property that is designated "for residential use only" may be a violation of the contract. It is also necessary to confirm whether or not a change of use is possible.

The renewal fee provisions are
If there is a "renewal fee" to be paid at the time of contract renewal, confirm whether the amount and timing of payment are clear. Since there are regional differences and customs regarding renewal fees, confirmation is required if it is unclear.

Are there any other covenants?
It is necessary to pay attention to individual conditions in the contract, such as whether or not pets are allowed, whether or not subleasing (subletting) is allowed, and clauses regarding noise problems.

The buyer pointed out defects in the building after the sale..." "There are hidden defects in the property I purchased."
We will propose appropriate measures based on the contractual details, including the scope and duration of liability for contractual non-conformity and the validity of the indemnity.

The buyer has suddenly offered to cancel the contract, and I would like to cancel the deposit and get rid of the contract."
We can provide advice on how to avoid or settle problems, including the applicability of termination clauses and the prospect of compensation for damages.

The neighboring land does not agree to boundary demarcation, and the neighboring land seems to be crossing the boundary."
We also provide support for problems between neighboring properties with our extensive experience.

I want to review the rent because the market rate in the area is rising, and I was charged an unreasonably high rent increase."
We will advise you on how to respond, including whether or not to request an increase, whether or not there are justifiable grounds, and the legitimacy of how to proceed with the procedure.

We want to rebuild due to deterioration, but can we get the tenants to move out?"/"We have been evicted due to deterioration."
Strict legal requirements are required for eviction. We will carefully explain how to determine just cause, negotiate surrender, and estimate eviction fees.

I've asked for a renewal fee, but they won't pay it, and I've been charged an unexpected renewal fee."
We will guide you on the validity of renewal fees, prior notice requirements, and other appropriate measures to take in the event of a problem.