If a Real Estate Broker carries out an installment sale of a Building Lot or building with the Real Estate Broker as the seller, the Real Estate Broker must fulfill obligations of the seller other than registration and delivery by the time the Building Lot or building pertaining to said installment sale is delivered to the buyer (if an amount of money exceeding three-tenths of the amount of the price has not yet been received by the time said Building Lot or building is delivered, by the time an amount of money exceeding three-tenths of the amount of the price is received). Provided, however, that this is not to apply if it is not expected that the buyer will make an application for the registration of a mortgage or a prior lien on the sale of Real Estate in order to secure the payment liabilities obligation in effect subsequent to the registration of the ownership of said Building Lot or building or establish a guarantor to guarantee said obligation.
If a Real Estate Broker carries out an installment sale of a Building Lot or building with the Real Estate Broker as the seller, the Real Estate Broker must not obtain said Building Lot or building by transfer as collateral after the Building Lot or building pertaining to said installment sale is delivered to the buyer and payment of an amount of money exceeding three-tenths of the amount of the price is received.
If a Real Estate Broker carries out a sale of a Building Lot or building with the Real Estate Broker as the seller and guarantees obligations pertaining to money that is borrowed by the buyer to be allocated to the price in whole or in part and that is subject to repayment over two or more installments across a period of at least one year after the delivery of said Building Lot or building, the Real Estate Broker must fulfill obligations of the seller not covered by registration and delivery by the time the Building Lot or building pertaining to said installment sale is delivered to the buyer. (If the amount of the price received by the time of the delivery of said Building Lot or building net of the amount of the obligation pertaining to said guarantee not yet repaid by the time of the delivery of said Building Lot or building does not exceed three-tenths of the amount of the price, by the time the received amount of the price net of the amount of the obligation pertaining to said guarantee not yet repaid exceeds three-tenths of the amount of the price.) Provided, however, that this is not to apply if it is not expected that the buyer will make an application for the registration of a mortgage or a prior lien on the sale of Real Estate in order to secure the right of indemnity obtained upon the performance of said guarantee obligation by the Real Estate Broker and the payment liabilities obligation in effect subsequent to the registration of the ownership of said Building Lot or building by the buyer or establish a guarantor to guarantee said obligation.
宅地建物取引業者は、みずから売主として宅地又は建物の売買を行なつた場合において、代金の全部又は一部に充てるための買主の金銭の借入れで、当該宅地又は建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返還することを条件とするものに係る債務を保証したときは、当該宅地又は建物を買主に引き渡すまで（当該宅地又は建物を引き渡すまでに受領した代金の額から当該保証に係る債務で当該宅地又は建物を引き渡すまでに弁済されていないものの額を控除した額が代金の額の十分の三をこえていない場合にあつては、受領した代金の額から当該保証に係る債務で弁済されていないものの額を控除した額が代金の額の十分の三をこえるまで）に、登記その他引渡し以外の売主の義務を履行しなければならない。ただし、宅地建物取引業者が当該保証債務を履行した場合に取得する求償権及び当該宅地又は建物につき買主が所有権の登記をした後の代金債権について、買主が、これを担保するための抵当権若しくは不動産売買の先取特権の登記を申請し、又はこれを保証する保証人を立てる見込みがないときは、この限りでない。
If a Real Estate Broker carries out a sale of a Building Lot or building with the Real Estate Broker as the seller and guarantees obligations pertaining to money that is borrowed by the buyer to be allocated to the price of said Building Lot or building in whole or in part that is subject to repayment over two or more installments across a period of at least one year after the delivery of said Building Lot or building, the Real Estate Broker is not to obtain said Building Lot or building by transfer as collateral after the Building Lot or building pertaining to said sale is delivered to the buyer and payment of the received amount of the price net of the amount of the obligation pertaining to said guarantee not yet repaid exceeding three-tenths of the amount of the price is received.