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JR Tokyo Station Marunouchi south exit 4-minute walk legal professional corporation Marunouchi soleil law office

  • English VERSION
  • English VERSION
  • English VERSION
  • English VERSION

03-5224-3801

Real estate sales contract / lease

We introduce the point not to fail in in real estate sales contract.

In addition, about individual contract, we recommend what is talked about with lawyer.

Because real estate buying and selling / lease has a big business amount of money, it is the public to make contract, and it is thought that time when the rather general business top made contract often becomes time of conclusion of contract.

Therefore close inspection of contract is essential, and carefulness so as to talk with lawyer is required on making a contract of real estate.

The need of important matter explanation

When we purchase real estate, case to purchase through housing land and building dealer (house-built supplier) is usual. Important matter explanation is required near </br/> that case, house-built supplier.

Specifically, explanation is necessary about legal matters such as kind, contents of registered right about the real estate.

When we tell that the house-built supplier side is different from fact and do not tell that the buyer side becomes disadvantageous for buyer intentionally, we can cancel sales contract.

The need of register confirmation

We can prevent outbreak of problem by confirming register beforehand.

Immovable registration can know whether lien to limit right of owner including mortgage is not referred whether there are other joint owners whether seller really owns the real estate because relations of right of real estate becomes clear.

The need of on-site inspection

There is not joint owner whom seller owns. Even if it is case called this, third party uses the building and may occupy.
And we cannot read the fact from copy of register.
This is because tenancy is not necessarily displayed on the registration.

It is necessary to do field work beforehand not to put on disadvantage that was not able to use the building because the building was leased to third party after the building purchase.

The need of restricted zone confirmation

When we buy land and are going to build building, kind, coverage ratio, floor area ratio, headroom of building may be regulated by restricted zone in City Planning Law by law.

Restricted zone establishes land use as large frame of city area including house, commerce, industry, and there are 12 kinds including first-class low-rise building exclusive residential district.

We can confirm lot area in figure of city planning selling in each local government.

Way of thinking of advance on subscription

In the case of sale in lots sale of apartment and built-for-sale house, advance on subscription is money to issue for distributor from purchase applicant. Advance on subscription accrued in real estate transactions business, and there is no rule legally.

Therefore there is fight about legal character of advance on subscription, but way of thinking to be confirmation of purchase intention of purchase applicant and money that proposes, and is deposited for the purpose of security of priority of the applicant concerned is influential.

In addition, it is common that advance on subscription is issued before sales contract establishment.

Correspondence when building was defective

Conventionally, when we could not achieve claim for damages and purpose of contract as request in civil law, we were able to simply cancel contract (so-called warranty).
In addition, it was limited within one year after we knew existence of defect during period when we could investigate this warranty.

However, range that we can request by "law about promotion of securing of quality of house" (called "hinkakuho" as follows) spreads.

About farmland buying and selling

When buyer uses the farmland as farmland when we buy and sell farmland, as a general rule, agriculture committee or permission of prefectural governors is necessary by Agricultural Land Law Article 3.

In addition, as a general rule, permission is necessary by Agricultural Land Law Article 5 when buyer does not use farmland as farmland.
When permission of Agricultural Land Law is necessary, contract is effective, but land-ownership does not move without permission even if we conclude sales contract earlier than permission.

Therefore it is necessary to put the text, "naturally we cancel contract when permission is not provided" in the contract when we buy and sell farmland.

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