Thirty pages, read aloud, in Japanese, before you sign
Japan puts a licensed professional across the table from you and has them read out every restriction, risk and encumbrance attached to the property before you commit. It is a genuinely good system, and it runs entirely in a language you may not read.
In short
- Before contract, a registered transaction specialist must deliver and explain a written statement of the property's legal restrictions, rights, risks and terms. It is the single most important half hour of the purchase.
- Signing is treated as confirming you received the explanation and understood it. Whether you read Japanese does not change that.
- Since 2022 these documents may be delivered electronically with your consent. That is the lever for getting them early enough to translate.
What actually happens
Japanese brokerage legislation requires a broker handling a sale or lease to explain specified matters to the buyer before the contract is concluded. The explanation is called the important matters explanation (jūyō jikō setsumei, 重要事項説明), and it has three fixed conditions.
- It is given by a registered transaction specialist (takken-shi, 宅地建物取引士), who presents their licence card
- A written statement is delivered to you
- All of it happens before you sign anything
Take it seriously as a piece of consumer protection. A qualified person, personally accountable, compiles a document setting out what is wrong with the property and what you are not allowed to do with it, hands it to you, and reads it to you. Many countries have nothing comparable.
What is in it
| Area | Examples of what is covered |
|---|---|
| Rights | What the registry records, and any mortgage or other encumbrance |
| Legal restrictions | Use district, coverage and floor area ratios, road frontage, setback, what may be built |
| Infrastructure | Water, sewerage, gas and electricity, and their status |
| Transaction terms | Payment, timing, cancellation, treatment of the deposit |
| Condition of the building | Whether a building condition survey was carried out, what it found, and known defects |
| Disaster risk | Where the property sits on the flood hazard map, and whether it lies in a designated landslide or tsunami alert zone |
| Apartments | Management rules, repair reserve, monthly charges, any arrears |
Two of those rows were added recently, and both are worth knowing as history rather than as static facts.
The flood hazard row has only been required since 2020. It covers water: river flooding, inland water and storm surge. Landslide and tsunami appear only as to whether the property lies in a formally designated alert zone, and liquefaction and earthquake hazard carry no duty to explain at all, which is the asymmetry set out in Japan's hazard maps and what your broker must show you.
The building condition row has been required since 2018, and what it requires is disclosure of whether a survey exists, not that one was carried out. Most transactions do not include one, and the standard mediation agreement now states expressly that a survey does not determine whether defects exist. That is covered in the two rooms nobody opens during a viewing.
So this document is where most of the disclosures discussed across these guides finally land, in one place, on one afternoon.
Why it is the hardest half hour of the purchase
The system is excellent. The difficulty is that it operates entirely in Japanese.
The document is in Japanese. The reading is in Japanese. Questions and answers are in Japanese. And the content is not conversational Japanese but the technical vocabulary of property law, planning regulation and disaster designation.
Most overseas buyers hear it through an interpreter. Understanding thirty pages of that, in real time, by ear, is not realistic for anyone. Interpreters are not the problem. The format is.
There is a second difficulty that compounds the first. In customary practice the contract follows immediately after the explanation, on the same day, often within the hour. Asking to take the document away and consider it is entirely possible, and it is not what the room is arranged for.
The explanation exists so that you can decide. If the decision is scheduled for twenty minutes later, it has not done its job.
Saying you were not told is difficult afterwards
Having received the explanation and signed is treated as a statement that you received it and understood it. Arguing later that nobody mentioned a restriction is hard to sustain when the restriction is written in a document you signed.
This holds whether or not you read Japanese. The obligation to explain sits with the professional. The obligation to understand sits with you.
That is not a complaint about the system. It is the reason the practical steps below matter more than they look.
Two changes that work in your favour
Recent reform has given overseas buyers two things, and almost nobody uses them.
The documents can now be sent to you electronically
Legislation in force from May 2022 removed the requirement for the specialist to seal these documents, their printed name now being sufficient, and permitted the documents to be provided by electronic means where the recipient consents. The mediation agreement, the important matters statement and the post-contract statement are all covered.
Read that as a practical tool rather than a piece of administrative trivia. It means there is now a normal, established, regulated route by which the document reaches you as a file, in advance, rather than as paper on the day. Consent is yours to give, which means the timing is yours to influence.
The explanation can be given by video call
Conducting the explanation remotely has been in full operation for rentals since 2017 and for sales since March 2021. The specialist appears by video, having sent the document in advance, and shows their licence card on camera.
This genuinely helps if you are abroad. But be clear about what it solves. It removes the requirement to be in the room. It does nothing at all about the language. The explanation is still in Japanese, the document is still in Japanese, and your responsibility to understand is unchanged.
What to do before you sign
Four things, in order. None of them is unusual and none of them is an imposition.
- Ask for the draft document in advance, electronically. Give whatever consent is needed for electronic delivery. Then take the time to have it translated properly rather than interpreted live.
- Put your questions in writing and ask for written answers. An answer given verbally in a meeting is not something you will be able to rely on later.
- Have somebody independent read it. Somebody with no interest in whether the transaction completes.
- Do not let the contract follow immediately. Say at the outset that you will sign on a later date. Said in advance it is a scheduling preference. Said on the day it is an obstacle.
The fourth is the one people find hardest, and it is the one that protects you most.
Five things to read for
When the document does reach you, these five decide whether the purchase works.
| What to find | Why it decides things |
|---|---|
| Whether it can be rebuilt | Road frontage, use district, setback. This sets the value of the land more than anything else in the document |
| Rights and encumbrances | Any mortgage still registered, any leasehold, anything attached to the title |
| Disaster designations | Which mapped zones the property falls in, and which hazards were not covered |
| Building condition | Whether a survey exists, what it found, and what defects are disclosed |
| Cancellation | On what grounds, by when, and at what cost you can withdraw |
The first row is the question running through almost every article on this site, and here is the thing worth knowing: the answer is written in this document. It has been compiled by a qualified professional who is accountable for it. It is sitting in front of you, in Japanese, for about thirty minutes.
Everything else you can check yourself before reaching this point is set out in what you must verify yourself before buying. Arriving at this meeting already knowing most of the answers changes it from an ordeal into a confirmation.
What this article does not do
What the explanation must cover, and how it is conducted, vary with the type of property, the form of the transaction and the legislation that applies. Remote explanation requirements are set out in ministry guidance which is revised from time to time.
This is general information, not legal advice on any transaction. En Beau lo is not a licensed real estate broker and does not conduct the explanation; where a transaction is involved we introduce licensed professionals. Our translation and commentary is comprehension support, not a certified legal translation.
Understand it before you sign, not afterwards
We go through the draft explanation and the contract with you in your language, with the terms explained, before the meeting rather than during it. Combined with research on the property itself, you arrive knowing what the document is going to say.
Talk to us about a document reviewSources and notes
The duty to explain important matters before contract, and the requirements as to who explains and what is delivered, arise under the Real Estate Brokerage Act. Flood hazard map disclosure was added with effect from 28 August 2020. Duties relating to building condition surveys took effect from 1 April 2018. Removal of the sealing requirement and permission for electronic provision of these documents with the recipient's consent took effect on 18 May 2022 under legislation accompanying digital reform. Remote explanation moved to full operation for rentals in October 2017 and for sales on 30 March 2021. The Ministry of Land, Infrastructure, Transport and Tourism publishes an implementation manual for electronic provision and remote explanation, which it revises periodically.