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6/27/2020

Best Solution for All

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When signing the contract, the buyer and seller will each show their ID. In the case of an individual, it is a driver's license, and in the case of a corporation, it is a certified copy of the company register and identification of the representative. Although it was not a difficult case, the seller's corporation originally registered the head office in Kyoto. When the seller moved to Tokyo to expand his business, he closed the corporation in Kyoto and registered a new head office in Tokyo. The owner's name in the real estate registry is the same, but the address is different.

What needs to be corrected this time is to change the address of the seller's corporation in the real estate registry to Tokyo. Also, since the content of the registered corporate seal is different, as a solution,
・Use the existing seal as it is and change the name of the seller in the contract
・Delay the contract until a new seal is created, and sign the contract at a later date
・Use the existing seal as it is, change the representative of the seal certification, and sign the contract as it is.
When the head office was in Kyoto, there was only one representative director. When they moved to Tokyo, the original representative did not have permanent residence and he wanted to use a bank loan, so thye invited another director and added one representative director. This is the reason why the name of another officer is written on the seal certificate.
​
What we thought this time is that the seller should finish the contract safely without the seller having to do much work, and let the buyer purchase the real estate with peace of mind. To correct the name on the contract, recreate a new document and ask the buyer to re-sign it. Or, correct the part with a double line and stamp the correction mark and re-enter correctly. It takes about a week to make a new seal, even seller place an order in a hurry. In the meantime, the buyer will have to wait, but buyer feel uneasy when we think about it. The buyer has just finished imprinting the seal on the contract and is depositing the down payment with the real estate agent, but if the seller does not sign it, it will naturally cause anxiety.
Therefore, as a result of consultation with the seller, seller will use the current stamp as it is to sign and seal, and in parallel, change the representative listed on the seal stamp certificate at the Legal Affairs Bureau. By doing so, each buyer and seller will sign and seal the contract, and the name of the legitimate representative will also be printed on the seal certificate that will be acquired at a later date. Originally, seller appointed another representative only to use the bank loan, so they will have this contract take the opportunity to change it to the correct form.
As a real estate agent on the seller side, we will explain the above to the real estate agent of the buyer so that they will understand and proceed with the procedure. For future plans, we will meet with the seller on Monday to complete the contract. First of all, we will do this firmly, next we will get other documents stamped by the seller and proceed with the procedure for settlement such as public certificate. We will discuss the movement of furniture locally and prepare for the delivery at the end of July.
Intermediating the buying and selling of real estate causes various problems each time. Agreement of contract contents, acceptance of payment, delivery status, preparation of required documents, etc. We will try to find a solution each time, make the seller feel comfortable selling, and let the buyer imagine the future after purchase, and make a pleasant transaction. We sincerely wish the buyer a pleasant life in Kyoto with this transaction.
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6/26/2020

How to find a Solution

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We have encountered a problem in a case related to the column we posted the other day. 
This time, we are working as an agent of the seller and are proceeding with the contract procedure. The real estate is a refurbished property in Kita Ward, originally used for a guest house. As part of the asset consolidation, seller stopped the operation of the guest house, and when it was for sale, an individual customer in Tokyo applied for the purchase. 
We are an agent of the seller, and a customer in Tokyo was found by another real estate agent and applied after the property inspection. The buyer is an individual, and the seller is a general corporation in Japan. First of all, if there are two real estate agents, the seller's real estate agent will do the research of the real estate, the preparation of the explanation of important matters, and the preparation of the contract. In this case, it's us.

Since the real estate agent of the buyer guided the property on Sunday, applied for it on Monday, and had price negotiations, the seller presented a counter offer on Monday, and on Tuesday morning, the buyer confirmed the consent and confirmed to the seller. Then, the price of the mutual agreement was decided. The buyer's desired contract date is Thursday. Generally, the contract is concluded within 1 week to 10 days after applying. This is because the real estate survey needs to be done, so a contract two days after the agreement is a very short term.
This time, the contract will be carried around, and both parties will carry around the contract and get a signature stamp. Therefore, in this case, the buyer will first sign the contract on Thursday, and the seller will sign the contract later. It's a very short schedule. Also, real estate agents often have a off on Wednesdays, and the buyer's agent is also closed.
However, even if it is Wednesday, we need to complete and book the contract on the morning of the next day, so the contract will be prepared on Tuesday and the contents of the contract will be confirmed on the Wednesday.
During the day, we conducted field surveys of real estate, surveys related to government offices, and surveys that can be acquired on the Internet. We had to prepare the contract documents by the next morning.
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The contents of the documents will be the contracts, document of explanation of important matters, equipment table preparation and status report, and boundary explanation documents. It will be completed in about 3 to 4 hours. We had confirmed in advance with the seller's corporate representative and secretary, but this corporation has two representative directors appointed, and we were hearing that the name of 100% investor will be used in the real estate sale contract.
After confirming the contract with the buyer, we bound the documents and delivered the documents to the agent office on Thursday morning and waited for the contract. During that time, we coordinated the necessary documents and interviews with the seller, and confirmed the necessary documents. And yesterday, Thursday, we asked the buyer to sign the contract safely, and received the 10% of sale value as deposit. The buyer's procedure is completed.
Then, we were contacted by the secretary today, and it became clear that the representative's seal stamp certificate was different from that of the representative stated in the contract. Yes, the seal was registered under the name of the other representative director. We can't prepare the seller's seal stamp certificate that is already written on the document signed by the buyer.

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Real Estate agent in Kyoto, Buy and Sell, Leasing, Renovation and Construction, Management for Investment and Vacation Property, Professional Services for International Customers. We deal in KyoMachiya houses, detached and attached Houses, new and old Condominium Apartments, Block of Apartments and Buildings for Commercial, Residential and Investments use, Manage and Support Operation and New Development of Guesthouse, Ryokan and Hotel, Total Supports for Land and Buildings Real Estate in Kyoto.
Yours sincerely, Founder Ken Hayashi
Real Estate Broker Company License No. Kyoto-Fu Governor ( 2 ) 14044 , ​Member of Kyoto Association of Residential Land Building Business
  • Home
  • Study
    • Rights of Property >
      • Real Right and Credit
      • Rights to the land and Rights to the building
    • the Building Lots and Buildings Transaction Business Act >
      • Laws Related to Real Estate Transaction in Japan
      • (1) Laws Concerning Land Use
      • (2) Laws Concerning Construction of Buildings
      • (3) Laws Regulating Real Estate Companies
      • (4) Laws and Regulations Concerning Advertisement
      • (5) Laws Concerning Contracts Including Sales Contracts and Lease Contracts
      • (6) Laws concerning Titles and Rights
      • (7) Laws Concerning Real Property Registration
      • (8) Laws Concerning Condominium Management
      • (9) Laws Concerning Defects (Faults, etc.) of Housing Properties
    • How to and Procedures >
      • Process of Real Estate Sale
      • Process of Real Estate Purchase >
        • the Process of Buying a House
        • Housing Prices
        • the Living Environment
        • the Budget
        • Find a Home
        • Choosing a Real Estate Agency
        • Financial Planning and Mortgage
        • Making the Final Decision to Purchase
        • Concluding a Sales Contract
        • Delivery of the Property
      • Cost by Transaction
      • Important Points Explanation
      • Real Estate Sales Contract
      • Property Condition Confirmation
      • Facilities and Equipment List
    • Building Management >
      • Process of Residential Property Management
      • Process of Real Estate Leasing >
        • Idea of Lease Agreement
      • Process of Second House Management
    • Related Acts
    • Glossary >
      • Real Estate Glossary in Japan
    • Tax in Japan >
      • Consumption Tax
      • Property Tax
      • Capital Gain Tax
      • Withholding Tax
      • Taxes on Gifts and Inheritances
    • Q&A >
      • Q&A
  • Local
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