Real Estate Brokerage Act
宅地建物取引業法
Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 98 terms: 40 with the Ministry of Justice's English, 58 in our translation, marked as such.
Land used as the site of a building, together with any other land within a use zone (用途地域) under Article 8, paragraph (1), item (i) of the City Planning Act, except land used for roads, parks, rivers or other public facilities specified by Cabinet Order (政令).
建物の敷地に供せられる土地をいい、都市計画法（昭和四十三年法律第百号）第八条第一項第一号の用途地域内のその他の土地で、道路、公園、河川その他政令で定める公共の用に供する施設の用に供せられているもの以外のものを含むものとする
宅地建物取引業
Buying, selling or exchanging building lots (宅地) or buildings (including parts of buildings), or acting as agent (代理) or intermediary (媒介) in their sale, exchange or lease, when done as a business.
宅地若しくは建物（建物の一部を含む。以下同じ。）の売買若しくは交換又は宅地若しくは建物の売買、交換若しくは貸借の代理若しくは媒介をする行為で業として行うもの
宅地建物取引業者
A person who carries on real estate brokerage (宅地建物取引業) under a licence (免許) granted under Article 3, paragraph (1).
第三条第一項の免許を受けて宅地建物取引業を営む者
宅地建物取引業者
In the supplementary provisions (附則) of Act No. 131 of 1957, a real estate broker as defined in Article 8, paragraph (1) of this Act as it stood when that Act came into effect.
宅地建物取引業法第八条第一項に規定する宅地建物取引業者
In Section 2 of Chapter V, the designation by the Minister of Land, Infrastructure, Transport and Tourism under Article 34-2, paragraph (5) of a body as a real estate information network system (指定流通機構), made with that body's consent.
In Section 3 of Chapter V, the designation under Article 41, paragraph (1), item (i) of a person who carries on an earnest money guarantee business (手付金等保証事業), made on that person's application.
In Section 4 of Chapter V, the designation under Article 41-2, paragraph (1), item (i) of a person who carries on an earnest money safekeeping business (手付金等保管事業), made on that person's application.
事務所
A real estate broker's business office: its head office, a branch office, or another place of a kind set by Cabinet Order (政令).
本店、支店その他の政令で定めるもの
A general incorporated association (一般社団法人) whose members are all real estate brokers (宅地建物取引業者) and which the Minister of Land, Infrastructure, Transport and Tourism has designated under Article 64-2, paragraph (1) to carry out the work listed in Article 64-3, paragraph (1), such as settling complaints and paying out claims arising from its members' dealings.
The real estate transaction specialist qualifying examination (宅地建物取引士資格試験) that prefectural governors hold as set by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令).
A person who has been issued a real estate transaction specialist identification card (宅地建物取引士証) under Article 22-2, paragraph (1), which a person registered under Article 18, paragraph (1) can apply for to the prefectural governor who registered them.
第二十二条の二第一項の宅地建物取引士証の交付を受けた者
Money paid for a building lot or building on or after the day the contract is made and before the property is handed over, either as all or part of the price or as earnest money (手付金) or under another name that goes towards the price.
代金の全部又は一部として授受される金銭及び手付金その他の名義をもつて授受される金銭で代金に充当されるものであつて、契約の締結の日以後当該宅地又は建物の引渡し前に支払われるもの
A body designated by the Minister of Land, Infrastructure, Transport and Tourism under Article 16-2, paragraph (1), which a prefectural governor can have run the real estate transaction specialist examination (宅地建物取引士資格試験).
The work of a real estate transaction guarantee association (宅地建物取引業保証協会) of paying out claims that people who dealt with its members in real estate brokerage (宅地建物取引業) hold from those dealings, including dealings from before the member joined; claims held by real estate brokers are excluded.
The work of running the real estate transaction specialist examination, which a prefectural governor can have a body designated by the Minister of Land, Infrastructure, Transport and Tourism carry out.
This Act as amended by Act No. 100 of 1972.
This Act as amended by Act No. 67 of 1995.
This Act as amended by Act No. 81 of 2014.
This Act as amended by Act No. 56 of 2016.
A body designated by the Minister of Land, Infrastructure, Transport and Tourism with which a real estate broker holding an exclusive intermediary contract (専任媒介契約) must register the building lot or building concerned, and which passes information on registered property to real estate brokers.
A training course run by a registered training agency (登録講習機関) as set by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令); a person who completes it is exempted from part of the real estate transaction specialist examination.
A person designated under Article 41, paragraph (1), item (i) to carry on an earnest money guarantee business (手付金等保証事業), guaranteeing real estate brokers' obligations to refund earnest money (手付金等).
The date Act No. 97 of 2000, the amending Act these supplementary provisions (附則) belong to, comes into effect.
1 April 2002, the date Act No. 75 of 2001 comes into effect.
The date Act No. 117 of 2001, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 88 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 154 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 61 of 2011, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 56 of 2016, the amending Act these supplementary provisions (附則) belong to, comes into effect.
A body registered by the Minister of Land, Infrastructure, Transport and Tourism under Articles 17-3 to 17-5 to run the training courses (登録講習) that exempt those who complete them from part of the real estate transaction specialist examination.
委任都道府県知事
A prefectural governor who has had a designated examination body (指定試験機関) carry out the work of running the real estate transaction specialist examination under Article 16-2, paragraph (1).
宅地建物取引業者の相手方等
The other party to a sale, exchange or lease of a building lot or building by a real estate broker, the person who asked the broker to act as their agent (代理), or each party to a sale, exchange or lease the broker mediates (媒介) — the people to whom the broker must have a real estate transaction specialist (宅地建物取引士) explain the matters listed in Article 35, paragraph (1) before the contract is made.
手付金等保証事業
The business of guaranteeing a real estate broker's obligation to refund earnest money (手付金等) it has received from a buyer in the sale of a building lot or building.
This Act as it stood before Act No. 110 of 1971 amended it.
This Act as it stood before Act No. 67 of 1995 amended it.
This Act as it stood before Act No. 81 of 2014 amended it.
The work of running registered training courses (登録講習).
In Section 2 of Chapter V, a real estate information network system's (指定流通機構) work of registering building lots and buildings that are the subject of exclusive intermediary contracts (専任媒介契約) and other real estate brokerage contracts, and of passing information on them to real estate brokers.
A contract to act as intermediary (媒介) in the sale or exchange of a building lot (宅地) or building.
保証委託契約
A contract in which a real estate broker (宅地建物取引業者) asks a bank or other institution (銀行等) to guarantee jointly and severally (連帯して保証) the broker's obligation to refund earnest money (手付金等) it has received from a buyer, if that obligation arises; it is one of the measures Article 41 requires before a broker may receive such money.
The business of receiving earnest money (手付金等) on a real estate broker's behalf in the sale of a building lot or building (other than sales covered by Article 41, paragraph (1)) and holding an amount of money equal to what the broker received.
A contract to act as intermediary (媒介) in the sale or exchange of a building lot (宅地) or building.
A method using an electronic data processing system (電子情報処理組織) or other information and communications technology.
電子情報処理組織を使用する方法その他の情報通信の技術を利用する方法
割賦販売
Selling a building lot (宅地) or building on terms that all or part of the price is received in two or more instalments spread over a period of one year or more after the property is handed over.
代金の全部又は一部について、目的物の引渡し後一年以上の期間にわたり、かつ、二回以上に分割して受領することを条件として販売すること
指定保管機関
A person designated by the Minister of Land, Infrastructure, Transport and Tourism that receives earnest money (手付金等) on a real estate broker's behalf and holds an amount equal to what the broker received, under an earnest money deposition agreement (手付金等寄託契約).
A real estate broker (宅地建物取引業者) acting as agent (代理) or intermediary (媒介) in the sale, exchange or lease of building lots or buildings on decisions about those deals that have been left to it, wholly or partly, under one of the kinds of contract listed in Article 50-2, paragraph (1), made in connection with investment trusts, investment corporations, asset securitization under the Act on the Securitization of Assets, or special business operators (特例事業者) under the Act on Specified Joint Real Estate Ventures.
認可宅地建物取引業者
A real estate broker that has the Minister of Land, Infrastructure, Transport and Tourism's approval under Article 50-2, paragraph (1) to act as agent or intermediary on transaction decisions left to it (取引一任代理等).
The rules a real estate information network system (指定流通機構) sets for its registration work (登録業務), which need the approval of the Minister of Land, Infrastructure, Transport and Tourism.
In Articles 64-24 and 64-25, a real estate transaction guarantee association (宅地建物取引業保証協会) whose designation under Article 64-2, paragraph (1) has been cancelled, or which has been dissolved.
試験委員
A real estate transaction specialist examination officer (宅地建物取引士資格試験委員), chosen by a designated examination body (指定試験機関) from people who meet requirements set by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令), to set and mark the examination questions.
In Article 31-3 and Article 50, paragraph (1), a real estate broker's business office (事務所) or another place of a kind set by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令), at each of which the broker must have the number of full-time adult real estate transaction specialists (宅地建物取引士) that such an Order sets.
In Article 37-2, a real estate broker's business office (事務所) or another place of a kind set by an Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order (国土交通省令・内閣府令); an offer or contract made anywhere else can be withdrawn or cancelled in writing under that Article.
申込者等
In Article 37-2, the person who offered to buy the building lot or building, or the buyer.
A contract between a real estate broker and a designated custodian (指定保管機関) under which the custodian receives earnest money (手付金等) on the broker's behalf and holds an amount of money equal to what the broker received; it is one of the measures Article 41-2 requires before a broker may receive such money.
宅地建物取引業協会
A general incorporated association (一般社団法人) that uses the words 宅地建物取引業協会 (real estate brokerage association) in its name and whose articles say that it works within one prefecture and has real estate brokers (宅地建物取引業者) as its members, for the purpose of guiding and liaising with its members.
In paragraph (3) of the supplementary provisions (附則) of Act No. 56 of 1980, the real estate transaction chief certificate (宅地建物取引主任者証) under Article 22-2, paragraph (1) of this Act as Act No. 56 of 1980 left it, which a person registered under Article 18, paragraph (1) of this Act as it stood before that Act could apply for within the period the registering prefectural governor set, during the three years after that Act came into effect.
財務諸表等
The inventory of property, balance sheet, profit and loss or income and expenditure statement, and business report that a registered training agency (登録講習機関) must prepare within three months after each business year and keep at its office for five years, including electronic or magnetic records (電磁的記録) made in their place.
An intermediary contract (媒介契約) under which the client may not also ask another real estate broker to act as intermediary (媒介) or agent (代理) in the sale or exchange; it can last no longer than three months.
申込みの撤回等
In Article 37-2, withdrawing an offer to buy a building lot or building, or cancelling the sales contract, where a real estate broker is the seller and the offer or contract was made somewhere other than the broker's business office or similar place (事務所等).
銀行等
In Article 41, a bank, another financial institution specified by Cabinet Order (政令), or a person designated by the Minister of Land, Infrastructure, Transport and Tourism, which can guarantee a real estate broker's obligation to refund earnest money (手付金等).
The business in which a real estate transaction guarantee association (宅地建物取引業保証協会), under a contract with a real estate broker (宅地建物取引業者) that is its member, jointly and severally guarantees (連帯して保証) the broker's obligation to return payments or deposits it has received, or its other obligations relating to its real estate brokerage business, once the broker comes to owe them.
Short name, in Article 65, for the Act on Assurance of Performance of Specified Housing Defect Warranty (Act No. 66 of 2007).
宅地建物取引業協会連合会
A general incorporated association (一般社団法人) that uses the words 宅地建物取引業協会連合会 (federation of real estate brokerage associations) in its name and whose articles say that it works nationwide and has real estate brokerage associations (宅地建物取引業協会) as its members, for the purpose of guiding and liaising with its members.
In the supplementary provisions (附則) of Act No. 49 of 2009, the laws amended by that Act as amended by it, together with the orders made under them.
In the supplementary provisions (附則) of Act No. 49 of 2009, the laws amended by that Act as they stood before it, together with the orders made under them.
An organized crime group member as defined in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or a person who ceased to be one less than five years ago.
The rules a registered training agency (登録講習機関) sets for its training work (講習業務) and must file with the Minister of Land, Infrastructure, Transport and Tourism before starting that work.
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
電子的方式、磁気的方式その他の人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるもの
A contract between a real estate broker and a buyer that gives the buyer a pledge (質権) over the claim to return the money deposited under an earnest money deposition agreement (手付金等寄託契約), as security for the buyer's claim to have the earnest money (手付金等) refunded.
宅地建物取引業者等
In Article 47-2, a real estate broker (宅地建物取引業者) or its agent, employee or other worker.
Real estate transaction specialists (宅地建物取引士) and other people who work, or intend to work, in a real estate brokerage business (宅地建物取引業), as the people to whom a real estate transaction guarantee association (宅地建物取引業保証協会) provides training.
A special business operator as defined in Article 2, paragraph (9) of the Act on Specified Joint Real Estate Ventures: a corporation that has notified the competent minister (主務大臣) in advance, under Article 58, paragraph (2) of that Act, that it intends to carry on a special business (特例事業).
不動産特定共同事業法第二条第九項に規定する特例事業者
The government agency ranking above the one that made a decision, which hears administrative appeals against that decision.
The documents listed in Article 4, paragraph (2), items (i) and (iii) to (vii) — among them the applicant's record of its real estate brokerage business and the career summaries of its officers — that are attached to a real estate brokerage licence (免許) application and that the licensing authority must make available for public inspection along with the register of real estate brokers.
取引態様の別
Whether, in a sale, exchange or lease of a building lot or building, the real estate broker is itself a party to the contract, acts as agent (代理) for a party, or acts as intermediary (媒介) between the parties; the broker must state this in its advertisements and tell it without delay to anyone who places an order with it.
建物の構造耐力上主要な部分等
The parts of a building that are principal to its structural strength or that keep rainwater out, as specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令); the condition of these parts is what a building condition survey (建物状況調査) examines.
A survey of the condition of the parts of an existing building that are principal to its structural strength or that keep rainwater out, as specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省令), carried out by a person such an Order specifies as having the knowledge and ability to assess ageing and other things that happen to buildings.
建物の構造耐力上主要な部分又は雨水の浸入を防止する部分として国土交通省令で定めるもの（第三十七条第一項第二号の二において「建物の構造耐力上主要な部分等」という。）の状況の調査であつて、経年変化その他の建物に生じる事象に関する知識及び能力を有する者として国土交通省令で定める者が実施するもの
賦払金
Each payment of the price under an instalment sale (割賦販売) contract that falls due after the building lot or building has been handed over.
割賦販売の契約に基づく各回ごとの代金の支払分で目的物の引渡し後のもの
An officer or employee of a designated examination body (指定試験機関), or a registered training agency (登録講習機関) — or, where it is a corporation, its officer — or its employee, who breaks an order to suspend examination or training work under Article 16-15, paragraph (2) or Article 17-14.
In the supplementary provisions (附則) of Act No. 131 of 1957, the date set by Cabinet Order (政令), no later than two years after that Act came into effect, by which a person had to meet the conditions there to be treated as a real estate transaction officer (宅地建物取引員).
In the supplementary provisions (附則) of Act No. 56 of 1980, a licence (免許) under Article 3, paragraph (1), a registration (登録) under Article 18, paragraph (1), or a designation (指定) under Article 41, paragraph (1), item (i) or Article 64-2, paragraph (1) of this Act as it stood before Act No. 56 of 1980, or a permit (許可) under Article 3, paragraph (1) of the law on instalment savings sales of building lots and buildings (積立式宅地建物販売業法).
処分等の行為
A permission or other administrative act made under the laws as they stood before the amendment these supplementary provisions deal with.
申請等の行為
An application for permission or other act still pending under the pre-amendment laws when the amendment took effect.
In the supplementary provisions (附則) of Act No. 27 of 1988, a licence (免許) under Article 3, paragraph (1), a registration (登録) under Article 18, paragraph (1), or a designation (指定) under Article 64-2, paragraph (1) of this Act as it stood before Act No. 27 of 1988, or a permit (許可) under Article 3, paragraph (1) of the law on instalment savings sales of building lots and buildings (積立式宅地建物販売業法).
In the supplementary provisions of Act No. 87 of 1999, work of the State, of another local government or of another public body that an organ of a local government managed or carried out under an Act (法律) or a Cabinet Order (政令) before that Act comes into effect, which the local government then handles as its own affairs.
処分等の行為
A permission or other administrative act made under the laws as they stood before the amendment these supplementary provisions deal with.
申請等の行為
An application for permission or other act still pending under the pre-amendment laws when the amendment took effect.
新宅地建物取引業法
This Act as amended by Article 8 of Act No. 97 of 2000.
旧取引業法
In Article 8 of the supplementary provisions (附則) of Act No. 96 of 2003, the Real Estate Brokerage Act (Act No. 176 of 1952) as it stood before Article 7 of Act No. 96 of 2003 amended it.
The date, set by Cabinet Order (政令) within two years of promulgation, on which the provisions named in the proviso to Article 1 of the supplementary provisions (附則) of Act No. 56 of 2016 come into effect: the amendments to Article 34-2, paragraph (1), the new items added after Article 35, paragraph (1), item (vi) and Article 37, paragraph (1), item (ii), and Article 3 of those supplementary provisions.
新宅地建物取引業法
This Act as amended by Article 8 of Act No. 53 of 2024.
保険事業者
In Article 41, paragraph (1), item (ii), a person carrying on insurance business under a licence under Article 3, paragraph (1) or Article 185, paragraph (1) of the Insurance Business Act, with whom a real estate broker can take out guarantee insurance (保証保険) covering its obligation to refund earnest money (手付金等).
保険業法（平成七年法律第百五号）第三条第一項又は第百八十五条第一項の免許を受けて保険業を行う者
When a real estate broker (宅地建物取引業者) that is also a financial instruments business operator, financial instruments intermediary or financial services intermediary sells real estate trust beneficiary rights (不動産信託受益権等), or acts as agent (代理) or intermediary (媒介) in their sale, the buyer, the person who asked the broker to act as agent, or each party to the sale the broker mediates; the broker must explain the matters in Article 35, paragraph (3) to them as Article 50-2-4 reads that paragraph.
不動産信託受益権等
In Article 50-2-4, the beneficial interest in a trust (信託の受益権) of building lots (宅地) or buildings, or rights under a partnership contract (組合契約), a silent partnership contract (匿名組合契約) or an investment limited partnership contract (投資事業有限責任組合契約) as defined in Article 3, paragraph (1) of the Limited Partnership Act for Investment, for an investment business in such a beneficial interest.
暗号等資産
In Article 50-2-4, a crypto-asset or similar asset as defined in Article 2, paragraph (24), item (iii-2) of the Financial Instruments and Exchange Act: a crypto-asset (暗号資産), or certain other assets that a Cabinet Office Order (内閣府令) specifies as needing investor protection.
金融商品取引法第二条第二十四項第三号の二に規定する暗号等資産
指定取消し等の日
In Article 64-25, the day on which a former real estate transaction guarantee association (旧協会) had its designation under Article 64-2, paragraph (1) cancelled, or was dissolved.
The administrative agency that issued the decision being appealed.