Chapter V Operations
第五章 業務
Section 1 General Principles
第一節 通則
Article 31Principles for Real Estate Brokers in Conducting Operations
第三十一条(宅地建物取引業者の業務処理の原則)
A Real Estate Broker must carry out its operations for persons concerned with transactions in, and accordance with the principle of good faith.
宅地建物取引業者は、取引の関係者に対し、信義を旨とし、誠実にその業務を行なわなければならない。
In engaging in entrustment-based agency services for transactions, etc., and other such functions as prescribed in Article 50-2, paragraph (1), a Real Estate Broker must take into account the need to promote restrictions on speculative transactions.
Article 31-2Education of Workers
第三十一条の二(従業者の教育)
A Real Estate Broker must endeavor to provide its workers with the education necessary to have them carry out its operations properly.
宅地建物取引業者は、その従業者に対し、その業務を適正に実施させるため、必要な教育を行うよう努めなければならない。
Article 31-3Appointment of Real Estate Transaction Specialists
第三十一条の三(宅地建物取引士の設置)
A Real Estate Broker must appoint adult, exclusive real estate transaction specialists in the number specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of the size of each Business Office, etc., the contents of operations, and other factors to each office thereof and any other location as specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism (referred to hereinafter in this Article and Article 50, paragraph (1), as a "Business Office, etc.").
If a Real Estate Broker (any officer (executive member, director, executive officer, or any other person similar thereto who executes operations for the corporation) of said Real Estate Broker, if said Real Estate Broker is a corporation) is a real estate transaction specialist in a case referred to in the preceding paragraph, the person will be deemed, for the Business Office, etc., at which the person personally and primarily engages in duties, to be the adult, exclusive real estate transaction specialist appointed thereto.
A Real Estate Broker may not establish a Business Office, etc., that contravenes the provisions of paragraph (1) and must take measures required to ensure compliance with the provisions of the same paragraph within two weeks, when an existing Business Office, etc., contravenes the provisions of the same paragraph.
Article 32Prohibition against misleading advertising
第三十二条(誇大広告等の禁止)
If a Real Estate Broker advertises concerning the operations thereof, the Real Estate Broker, with respect to the location, size, characteristics, or restrictions on the present or future usage of a Building Lot or building pertaining to said advertising; the environment, transportation, and other matters relating to convenience as they pertain thereto; the amounts and methods for the payment of the price, rents, and other consideration as they pertain thereto; and any mediation for monetary loans relating to the price or difference arising from the exchange of property, must not give an indication that significantly contradicts the facts or that which mislead others to believe that conditions are significantly more favorable than they really are or are advantageous.
Article 33Restriction on the time of the commencement of advertising
第三十三条(広告の開始時期の制限)
Prior to the completion of construction work relating to the development of a Building Lot or the construction of a building, a Real Estate Broker is not to sell a Building Lot or building or engage in advertising tied to other operations subject to said construction work unless such permission as provided for in Article 29, paragraph (1) or (2) of the Urban Planning Act, verification as provided for in Article 6, paragraph (1) of the Building Standards Act (Act No. 201 of 1950), or any other permission or disposition based on a law or regulation required in connection with said construction work that is as specified by Cabinet Order has been granted.
Article 33-2Restrictions on concluding sales agreements for non-owned Real Estate
第三十三条の二(自己の所有に属しない宅地又は建物の売買契約締結の制限)
A Real Estate Broker is not to conclude a sales agreement (including a reservation) under which the Real Estate Broker will constitute the seller of a Building Lot or building that it does not own. Provided, however, this does not apply in a case falling under either of the following items:
when the Real Estate Broker has concluded an agreement for the acquisition of said Building Lot or building (including booking; excluding any such agreement in which conditions are affected by the effectiveness thereof) or otherwise when as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance in a case in which the Real Estate Broker is clearly able to acquire said Building Lot or building;
when, in a case in which the sale of said Building Lot or building corresponds to a sale as prescribed in Article 41, paragraph (1), measures as listed in item (i) or (ii) of the same paragraph concerned with said sale have been taken.
Article 34Clarification of conditions of transactions
第三十四条(取引態様の明示)
If a Real Estate Broker advertises in connection with the sale, exchange, or loan of a Building Lot or building, the Real Estate Broker must clearly state whether it effects the said sale or exchange as a party concerned to the applicable agreement; effect said sale, exchange, or loan as an agent; or effect said sale, exchange, or loan as an intermediary (referred to hereinafter in the following paragraph as "Mode of Transaction").
If a Real Estate Broker receives an order for the sale, exchange, or loan of a Building Lot or building, the Real Estate Broker must, without delay, clarify the terms of Mode of Transaction for the ordering party.
Article 34-2Mediation agreement
第三十四条の二(媒介契約)
If a Real Estate Broker concludes an agreement for mediating a sale or exchange of a Building Lot or building (referred to hereinafter in this article as "Mediation Agreement"), the Real Estate Broker must, without delay, prepare a document in which the matters as listed below are stated, affix the name and seal of the Real Estate Broker thereto, and issue said document to the requesting party:
the location and lot number of said Building Lot and any other indication required to identify said Building Lot or the location, type, and structure of said building and any other indication required to identify said building;
当該宅地の所在、地番その他当該宅地を特定するために必要な表示又は当該建物の所在、種類、構造その他当該建物を特定するために必要な表示
the price at which said Building Lot or building should be sold or the appraised value thereof;
当該宅地又は建物を売買すべき価額又はその評価額
matters concerning the acceptance of a request made by the requesting party to have another Real Estate Broker provide mediation or agency services for the sale or exchange of said Building Lot or building and, where said request is permitted, matters concerning the existence of an obligation to clearly identify the other Real Estate Broker;
if said building is an existing building, matters concerning the arrangement, for the requesting party, of a person who conducts a building condition survey (meaning a survey of the condition of the parts of a building specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as the parts that are principal in terms of the structural strength of the building or the parts that prevent the infiltration of rainwater (referred to as the "principal structural parts of a building, etc." in Article 37, paragraph (1), item (ii)-2), which is conducted by a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a person having knowledge and abilities concerning deterioration over time and other phenomena that occur in buildings; the same applies in Article 35, paragraph (1), item (vi)-2, (a));
当該建物が既存の建物であるときは、依頼者に対する建物状況調査(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をいう。第三十五条第一項第六号の二イにおいて同じ。)を実施する者のあつせんに関する事項
matters concerning the effective term and cancellation of the Mediation Agreement;
媒介契約の有効期間及び解除に関する事項
matters concerning the registration of said Building Lot or building with the Real Estate Information Network System as prescribed in paragraph (5);
matters concerning remuneration;
報酬に関する事項
other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance.
その他国土交通省令・内閣府令で定める事項
If a Real Estate Broker states an opinion regarding a price or appraised value as provided for in item (ii) of the preceding paragraph, the Real Estate Broker must clarify the basis on which said opinion is made.
The effective term of a Mediation Agreement that prohibits a requesting party from making a request to have another Real Estate Broker provide mediation or agency services for a sale or exchange (hereinafter referred to as "Exclusive Mediation Agreement") may not exceed three months. Any prescribed period longer than this is deemed to be three months.
The effective term as provided for in the preceding paragraph may be renewed by the submission of an application by the requesting party. Provided, however, that the effective term as extended may not exceed three months from the time of renewal.
前項の有効期間は、依頼者の申出により、更新することができる。ただし、更新の時から三月を超えることができない。
If a Real Estate Broker concludes an Exclusive Mediation Agreement; the Real Estate Broker must, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, register the location, size, and characteristics of a Building Lot or building subject to said Exclusive Mediation Agreement; the price at which said Building Lot or building should be sold; and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism with a person designated by the Minister of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as the "Real Estate Information Network System") in order to facilitate searches of agreement counterparties.
A Real Estate Broker that carries out a registration under the preceding paragraph must, without delay, deliver a document attesting to said registration as prescribed in Article 50-6 to the requesting party.
If a Real Estate Broker as provided for in the preceding paragraph concludes an agreement for selling or exchanging a Building Lot or building pertaining to a registration under paragraph (5), the Real Estate Broker must, without delay and pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, provide notification of the fact thereof to the Real Estate Information Network System pertaining to said registration.
When an application is made for the sale or exchange of a Building Lot or building that is subject to a Mediation Agreement, the Real Estate Broker that has concluded said Mediation Agreement must report the fact thereof to the requesting party without delay.
In addition to what is provided for in the preceding paragraph, a Real Estate Broker that has concluded an Exclusive Mediation Agreement must submit a report on the processing status of operations pertaining to said Exclusive Mediation Agreement to the requesting party at least once every two weeks (or at least once a week for an Exclusive Mediation Agreement that includes special provisions to the effect that the requesting party is unable to conclude an agreement for sale or exchange with a person other than a counterparty searched by said Real Estate Broker).
Any special provision contravening the provisions of any of paragraphs (3) through (6) or the preceding two paragraphs is hereby invalidated.
第三項から第六項まで及び前二項の規定に反する特約は、無効とする。
In lieu of issuing the document referred to in paragraph (1), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the requesting party, provide the matters that are required to be stated in said document by electronic or magnetic means (meaning means using an electronic data processing system or other means using information and communications technology; the same applies hereinafter) that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a means by which measures are taken in lieu of affixing the name and seal under the provisions of that paragraph. In this case, said Real Estate Broker is deemed to have affixed its name and seal to said document and issued it.
In lieu of delivering the document under the provisions of paragraph (6), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the requesting party, provide the matters that are to be attested in said document by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism. In this case, said Real Estate Broker is deemed to have delivered said document.
第三十四条の三(代理契約)
The provisions of the preceding article apply mutatis mutandis to an agreement requesting agency services for the sale or exchange of a Building Lot or building from a Real Estate Broker.
Article 35Explaining important matters
第三十五条(重要事項の説明等)
A Real Estate Broker must have a real estate transaction specialist provide, through the issuance of a document in which the matters as listed below are stated (or drawing if required under item (v)), explanations, at the minimum these matters to a counterparty on the sale, exchange, or loan of a Building Lot or building or a person who has requested agency therefor, or to parties for the sale, exchange, or loan of a Building Lot or building subject to mediation to be carried out by the Real Estate Broker (hereinafter referred to as "Real Estate Brokerage Operation Counterparty") in connection with the Building Lot or building that said party intends to acquire or borrow during the period until the conclusion of an agreement for said sale, exchange, or loan:
types and contents of registered rights on said Building Lot or building and the name of the registration title holder or name of the owner recorded in the heading section of the applicable registration book (name of corporation where applicable);
当該宅地又は建物の上に存する登記された権利の種類及び内容並びに登記名義人又は登記簿の表題部に記録された所有者の氏名(法人にあつては、その名称)
outline of matters relating to restrictions based on the Urban Planning Act, Building Standards Act, or any other law or regulation where said restrictions are as specified by Cabinet Order according to distinctions in terms of the contents of the agreement (distinction in terms of whether the subject of said agreement is a Building Lot or building and distinguish in terms of whether said agreement is an agreement for a sale, exchange or an agreement for a loan; same hereinafter in this article);
都市計画法、建築基準法その他の法令に基づく制限で契約内容の別(当該契約の目的物が宅地であるか又は建物であるかの別及び当該契約が売買若しくは交換の契約であるか又は貸借の契約であるかの別をいう。以下この条において同じ。)に応じて政令で定めるものに関する事項の概要
when said agreement is an agreement other than an agreement for the loan of a building, matters relating to burdens tied to a private road;
当該契約が建物の貸借の契約以外のものであるときは、私道に関する負担に関する事項
the status of the development of facilities for supplying potable water, electricity, natural gas and for dealing with waste water (if these facilities have not been developed, matters relating to prospects for the development thereof and the assumption of special burdens tied to the development thereof);
飲用水、電気及びガスの供給並びに排水のための施設の整備の状況(これらの施設が整備されていない場合においては、その整備の見通し及びその整備についての特別の負担に関する事項)
if said Building Lot or building exists prior to the completion of construction work relating to the development of the Building Lot or construction of the building, the characteristics and structure thereof and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance at the time of the completion thereof;
当該宅地又は建物が宅地の造成又は建築に関する工事の完了前のものであるときは、その完了時における形状、構造その他国土交通省令・内閣府令で定める事項
if said building corresponds to the purpose of unit ownership as prescribed in Article 2, paragraph (1) of the Act on Building Unit Ownership (Act No. 69 of 1962), the types and contents of rights relating to a single building site for owning said building; the provisions of an agreement relating to common elements as prescribed in paragraph (4) of the same article; other rights relating to a single building or the site thereof (including land for multiple buildings located within a single housing complex where land in said housing complex and other rights relating thereto belong to the owners of said buildings on a co-owned basis); and matters that relate to the management or use thereof and that are as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance according to distinctions in terms of the contents of the agreement;
当該建物が建物の区分所有等に関する法律(昭和三十七年法律第六十九号)第二条第一項に規定する区分所有権の目的であるものであるときは、当該建物を所有するための一棟の建物の敷地に関する権利の種類及び内容、同条第四項に規定する共用部分に関する規約の定めその他の一棟の建物又はその敷地(一団地内に数棟の建物があつて、その団地内の土地又はこれに関する権利がそれらの建物の所有者の共有に属する場合には、その土地を含む。)に関する権利及びこれらの管理又は使用に関する事項で契約内容の別に応じて国土交通省令・内閣府令で定めるもの
if said building is an existing building, the following matters:
当該建物が既存の建物であるときは、次に掲げる事項
whether a building condition survey (limited to one for which the period specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism has not elapsed since it was conducted) has been conducted and, if it has been conducted, an outline of its results;
建物状況調査(実施後国土交通省令で定める期間を経過していないものに限る。)を実施しているかどうか、及びこれを実施している場合におけるその結果の概要
the status of the retention of design documents, inspection records, and other documents concerning the status of the construction and maintenance of the building that are specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism;
設計図書、点検記録その他の建物の建築及び維持保全の状況に関する書類で国土交通省令で定めるものの保存の状況
the amount of money that is transferred for reasons other than for price, a difference arising from the exchange of property, rent, and the purpose for the transferring of said money;
代金、交換差金及び借賃以外に授受される金銭の額及び当該金銭の授受の目的
matters relating to the cancellation of an agreement;
契約の解除に関する事項
matters relating to liquidated damages and penalties for breach of agreement;
損害賠償額の予定又は違約金に関する事項
if there is an intent to receive an earnest money , etc., as prescribed in Article 41 paragraph (1), an outline of measures under the same article or Article 41-2;
if there is an intent to receive a disbursement or deposit (price, difference arising from the exchange of property, rents, or other money received from a Real Estate Brokerage Operation Counterparty in connection with a Building Lot or building subject to an applicable transaction (excluding the earnest money, etc., for which preservation measures pursuant to the provisions of Article 41, paragraph (1), or Article 41-2, paragraph (1), have been taken) that are as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order; the same applies in Article 64-3, paragraph (2), item (i)), whether assurance measures under that item or other preservation measures as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order will be taken, and an outline of said measures if they are to be taken;
支払金又は預り金(宅地建物取引業者の相手方等からその取引の対象となる宅地又は建物に関し受領する代金、交換差金、借賃その他の金銭(第四十一条第一項又は第四十一条の二第一項の規定により保全の措置が講ぜられている手付金等を除く。)であつて国土交通省令・内閣府令で定めるものをいう。第六十四条の三第二項第一号において同じ。)を受領しようとする場合において、同号の規定による保証の措置その他国土交通省令・内閣府令で定める保全措置を講ずるかどうか、及びその措置を講ずる場合におけるその措置の概要
the contents of any mediation for monetary loans relating to the price or difference arising from the exchange of property and the measures to be taken if no monetary loan pertaining to said mediation is established;
代金又は交換差金に関する金銭の貸借のあつせんの内容及び当該あつせんに係る金銭の貸借が成立しないときの措置
whether a warranty insurance agreement in connection with the fulfillment of liability for warranting against nonconformity in the case where said Building Lot or building does not conform to the terms of the contract with regard to type or quality will be concluded or other measures as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order will be taken and an outline of said measures if they are to be taken;
当該宅地又は建物が種類又は品質に関して契約の内容に適合しない場合におけるその不適合を担保すべき責任の履行に関し保証保険契約の締結その他の措置で国土交通省令・内閣府令で定めるものを講ずるかどうか、及びその措置を講ずる場合におけるその措置の概要
any other matter as specified by an order as prescribed in (a) or (b) below according to the applicable classification as listed in (a) or (b) below in consideration for the necessity of protecting the interests of the Real Estate Brokerage Operation Counterparty and the distinctions in terms of the contents of the agreement:
その他宅地建物取引業者の相手方等の利益の保護の必要性及び契約内容の別を勘案して、次のイ又はロに掲げる場合の区分に応じ、それぞれ当該イ又はロに定める命令で定める事項
if matters contributing to the protection of the interests of the Real Estate Brokerage Operation Counterparty, constituting an individual intending to purchase or borrow a Building Lot or building in a case not involving the operations of a business are to be prescribed:an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance;
事業を営む場合以外の場合において宅地又は建物を買い、又は借りようとする個人である宅地建物取引業者の相手方等の利益の保護に資する事項を定める場合 国土交通省令・内閣府令
if matters other than matters as prescribed in (a) are to be prescribed:an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
イに規定する事項以外の事項を定める場合 国土交通省令
During the period until the conclusion of an agreement for said installment sale, a Real Estate Broker must have a real estate transaction specialist provide, through the issuance of a document in which matters as listed in any of the items of the preceding paragraph and the matters as listed below are stated, explanations on these matters to a counterparty to the installment sale of a Building Lot or building (sale subject to the receipt of the price in whole or in part of the subject matter through two or more installments across a period of time not shorter than one year after the delivery thereof; the same applies hereinafter) in connection with the Building Lot or building that said party intends to acquire:
cash sales price ( price of the Building Lot or building if the payment is received in full by the time of the delivery thereof);
現金販売価格(宅地又は建物の引渡しまでにその代金の全額を受領する場合の価格をいう。)
installment sales price (price of the Building Lot or building if it is sold according to the installment sales method);
割賦販売価格(割賦販売の方法により販売する場合の価格をいう。)
amount of money to be paid by the time of the delivery of the Building Lot or building and the amount of installments (amount of the price to be paid each time pursuant to an installment sales agreement subsequent to the delivery of the subject matter; the same applies in Article 42, paragraph (1)) as well as the timing and method of the payments thereof.
A Real Estate Broker must have a real estate transaction specialist provide, through the issuance of a document in which the matters as listed below are stated (or drawing if required under item (v)), with explanations at the minimum, on these matters to a counterparty to a sale in a case in which the Real Estate Broker constitutes the seller of a beneficial interest in trust pertaining to a Building Lot or building (limited to that for which said Real Estate Broker constitutes the consignor) in connection with the Building Lot or building constituting the asset in trust pertaining to the beneficial interest in trust that said party intends to acquire during the period until the conclusion of an agreement for said sale. Provided, however, that this is not to apply in a case as specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism as being one in which the protection of the interests of said counterparty to a sale will not be hindered.
types and contents of registered rights on the Building Lot or building constituting said asset in trust and the name of the registration title holder or name of the owner recorded in the heading section of the applicable registration book (name of corporation where applicable);
当該信託財産である宅地又は建物の上に存する登記された権利の種類及び内容並びに登記名義人又は登記簿の表題部に記録された所有者の氏名(法人にあつては、その名称)
outline of matters relating to restrictions based on the Urban Planning Act, Building Standards Act, or any other law or regulation pertaining to the Building Lot or building constituting said asset in trust where said restrictions are as specified by Cabinet Order;
当該信託財産である宅地又は建物に係る都市計画法、建築基準法その他の法令に基づく制限で政令で定めるものに関する事項の概要
matters relating to burdens tied to a private road pertaining to the Building Lot or building constituting said asset in trust;
当該信託財産である宅地又は建物に係る私道に関する負担に関する事項
the status of the development of facilities for supplying potable water, electricity, and natural gas and for dealing with waste water as they pertain to the Building Lot or building constituting said asset in trust (if these facilities have not been developed, matters relating to prospects for the development thereof and the assumption of special burdens tied to the development thereof);
当該信託財産である宅地又は建物に係る飲用水、電気及びガスの供給並びに排水のための施設の整備の状況(これらの施設が整備されていない場合においては、その整備の見通し及びその整備についての特別の負担に関する事項)
if the Building Lot or building constituting said asset in trust exists prior to the completion of construction work relating to the development of the Building Lot or construction of the building, the characteristics and structure thereof and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport or Tourism and Cabinet Order at the time of the completion thereof;
当該信託財産である宅地又は建物が宅地の造成又は建築に関する工事の完了前のものであるときは、その完了時における形状、構造その他国土交通省令で定める事項
if the building constituting said asset in trust corresponds to the purpose of unit ownership as prescribed in Article 2, paragraph (1), of the Act on Building Unit Ownership, the types and contents of rights relating to a single building site for owning said building; the provisions of an agreement relating to common elements as prescribed in paragraph (4) of the same article; other rights relating to a single building or the site thereof (including land for multiple buildings located within a single housing complex where land in said housing complex and other rights relating thereto belong to the owners of said buildings on a co-owned basis); and matters that relate to the management or use thereof and that are as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
当該信託財産である建物が建物の区分所有等に関する法律第二条第一項に規定する区分所有権の目的であるものであるときは、当該建物を所有するための一棟の建物の敷地に関する権利の種類及び内容、同条第四項に規定する共用部分に関する規約の定めその他の一棟の建物又はその敷地(一団地内に数棟の建物があつて、その団地内の土地又はこれに関する権利がそれらの建物の所有者の共有に属する場合には、その土地を含む。)に関する権利及びこれらの管理又は使用に関する事項で国土交通省令で定めるもの
any other matter as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of the necessity for protecting the interests of the counterparty to the sale of said beneficial interest in trust.
その他当該信託の受益権の売買の相手方の利益の保護の必要性を勘案して国土交通省令で定める事項
If an explanation as provided for in any of the preceding three paragraphs is to be provided, a real estate transaction specialist must present their real estate Transaction Specialist Identification Card to the party to whom said explanation is to be provided.
In issuing a document as provided for in any of paragraphs (1) through (3), the real estate transaction specialist must affix their name to said document.
第一項から第三項までの書面の交付に当たつては、宅地建物取引士は、当該書面に記名しなければならない。
If the person listed in the first column of the following table is a Real Estate Broker, for the purpose of applying the provisions listed in the second column of that table, the terms listed in the third column of that table in those provisions are deemed to be replaced with the terms listed in the fourth column of that table, and the provisions of the preceding two paragraphs do not apply.
| Real Estate Brokerage Operation Counterparty | paragraph (1) | have a real estate transaction specialist, with regard to at least the matters listed below, these matters | at least the matters listed below |
| issue and provide explanations | issue | ||
| counterparty to the installment sale of a Building Lot or building prescribed in paragraph (2) | paragraph (2) | have a real estate transaction specialist, with regard to the matters listed below in addition to the matters listed in the items of the preceding paragraph, these matters | the matters listed below in addition to the matters listed in the items of the preceding paragraph |
| issue and provide explanations | issue |
When a Real Estate Broker has prepared a document to be issued pursuant to the provisions of paragraph (1) or (2) as applied with the replacement of terms pursuant to the provisions of the preceding paragraph, it must have a real estate transaction specialist affix their name to said document.
In lieu of the issuance of a document pursuant to the provisions of paragraphs (1) through (3), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the Real Estate Brokerage Operation Counterparty prescribed in paragraph (1), the counterparty to the installment sale of a Building Lot or building prescribed in paragraph (2), or the counterparty to the sale prescribed in paragraph (3), have a real estate transaction specialist provide the matters that are required to be stated in said document by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a means by which measures are taken in lieu of the measures under the provisions of paragraph (5). In this case, said Real Estate Broker is deemed to have had said real estate transaction specialist issue said document, and the provisions of that paragraph do not apply.
In lieu of the issuance of a document under the provisions of paragraph (1) or (2) as applied with the replacement of terms pursuant to the provisions of paragraph (6), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the Real Estate Broker that is the Real Estate Brokerage Operation Counterparty prescribed in paragraph (1) as applied with the replacement of terms pursuant to the provisions of paragraph (6) or the Real Estate Broker that is the counterparty to the installment sale of a Building Lot or building prescribed in paragraph (2) as applied with the replacement of terms pursuant to the provisions of paragraph (6), provide the matters that are required to be stated in said document by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a means by which measures are taken in lieu of the measures under the provisions of paragraph (7). In this case, said Real Estate Broker is deemed to have issued said document, and the provisions of that paragraph do not apply.
宅地建物取引業者は、第六項の規定により読み替えて適用する第一項又は第二項の規定による書面の交付に代えて、政令で定めるところにより、第六項の規定により読み替えて適用する第一項に規定する宅地建物取引業者の相手方等である宅地建物取引業者又は第六項の規定により読み替えて適用する第二項に規定する宅地若しくは建物の割賦販売の相手方である宅地建物取引業者の承諾を得て、当該書面に記載すべき事項を電磁的方法であつて第七項の規定による措置に代わる措置を講ずるものとして国土交通省令で定めるものにより提供することができる。この場合において、当該宅地建物取引業者は、当該書面を交付したものとみなし、同項の規定は、適用しない。
Article 35-2Explanation regarding official depository
第三十五条の二(供託所等に関する説明)
During the period until the conclusion of an agreement for said sale, exchange, or loan, a Real Estate Broker must provide to the Real Estate Brokerage Operation Counterparty (excluding a person who is a Real Estate Broker) an explanation on the matter as listed in item (i) if said Real Estate Broker is not a member of a general incorporated association designated pursuant to the provisions of Article 64-2, paragraph (1); or, if said Real Estate Broker is a member of a general incorporated association designated pursuant to the provisions of the same paragraph, explanations on matters as listed in items (i) and (ii) prior to the date for the commencement of Repayment Services as designated by the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisions of Article 64-8, paragraph (1) and matters as listed in item (ii) on or subsequent to said date for the commencement of Repayment Services:
宅地建物取引業者は、宅地建物取引業者の相手方等(宅地建物取引業者に該当する者を除く。)に対して、当該売買、交換又は貸借の契約が成立するまでの間に、当該宅地建物取引業者が第六十四条の二第一項の規定により指定を受けた一般社団法人の社員でないときは第一号に掲げる事項について、当該宅地建物取引業者が同項の規定により指定を受けた一般社団法人の社員であるときは、第六十四条の八第一項の規定により国土交通大臣の指定する弁済業務開始日前においては第一号及び第二号に掲げる事項について、当該弁済業務開始日以後においては第二号に掲げる事項について説明をするようにしなければならない。
official depository located nearest to the principal business office that deposited security deposit for operations and the location thereof;
営業保証金を供託した主たる事務所の最寄りの供託所及びその所在地
the fact that said Real Estate Broker is a member, the name, address, and location of the principal business office of said general incorporated association; and the official depository as provided for in Article 64-7, paragraph (2), and the location thereof.
社員である旨、当該一般社団法人の名称、住所及び事務所の所在地並びに第六十四条の七第二項の供託所及びその所在地
Article 36Restrictions on the timing of the conclusion of an agreement
第三十六条(契約締結等の時期の制限)
Prior to the completion of construction work relating to the development of a Building Lot or the construction of a building, a Real Estate Broker is not to conclude an agreement for the sale or exchange of the Building Lot or building pertaining to said construction work as a party thereto or as an agent of a party thereto or mediate for said sale or exchange unless such permission as provided for in Article 29, paragraph (1) or (2) of the Urban Planning Act, verification as provided for in Article 6, paragraph (1) of the Building Standards Act, or any other permission or disposition based on a law or regulation required in connection with said construction work that is as specified by Cabinet Order has been granted.
第三十七条(書面の交付)
A Real Estate Broker must, without delay, issue a document in which the matters as listed below are stated to the counterparty to an agreement in connection with the sale or exchange of a Building Lot or building if said agreement is concluded with the Real Estate Broker as a party thereto; to the counterparty to an agreement in connection with the sale or exchange of a Building Lot or building and the person requesting agency services if said agreement is concluded with the Real Estate Broker acting as an agent for a party thereto; or to each party to an agreement in connection with the sale or exchange of a Building Lot or building if said agreement is concluded through the mediation of the Real Estate Broker:
the names and addresses of the parties to the agreement (names of corporations where applicable);
当事者の氏名(法人にあつては、その名称)及び住所
the location and lot number of said Building Lot and any other indication required to identify said Building Lot, or the location, type, and structure of said building and any other indication required to identify said building;
当該宅地の所在、地番その他当該宅地を特定するために必要な表示又は当該建物の所在、種類、構造その他当該建物を特定するために必要な表示
if said building is an existing building, the matters confirmed by both parties with regard to the condition of the principal structural parts of a building, etc.;
当該建物が既存の建物であるときは、建物の構造耐力上主要な部分等の状況について当事者の双方が確認した事項
the amount of the price or difference arising from the exchange of property and the timing and method of the payment thereof;
代金又は交換差金の額並びにその支払の時期及び方法
the timing of the delivery of the Building Lot or building;
宅地又は建物の引渡しの時期
the timing of the submission of an application for relocation registration;
移転登記の申請の時期
if there are provisions relating to the transfer of money other than for the price or difference arising from the exchange of property, the amount thereof and the timing and purpose of said transfer of money;
代金及び交換差金以外の金銭の授受に関する定めがあるときは、その額並びに当該金銭の授受の時期及び目的
if there are provisions relating to the cancellation of the agreement, the contents thereof;
契約の解除に関する定めがあるときは、その内容
if there are provisions relating to the planned amount for liquidated damages or penalties for breach of agreement, the contents thereof;
損害賠償額の予定又は違約金に関する定めがあるときは、その内容
if there are provisions relating to mediation for monetary loans concerning the price or differences arising from the exchange of property, the measures to be taken if no monetary loan pertaining to said mediation is established;
代金又は交換差金についての金銭の貸借のあつせんに関する定めがある場合においては、当該あつせんに係る金銭の貸借が成立しないときの措置
if there are provisions relating to the assumption of losses due to a natural disaster or other event of force majeure, the contents thereof;
天災その他不可抗力による損害の負担に関する定めがあるときは、その内容
if there are provisions regarding liability for warranting against nonconformity in the case where said Building Lot or building does not conform to the terms of the contract with regard to type or quality or the conclusion of a warranty insurance agreement or other measure that should be undertaken concerning the fulfillment of said liability, the contents thereof;
当該宅地若しくは建物が種類若しくは品質に関して契約の内容に適合しない場合におけるその不適合を担保すべき責任又は当該責任の履行に関して講ずべき保証保険契約の締結その他の措置についての定めがあるときは、その内容
if there are provisions relating to the assumption of taxes or other public dues pertaining to said Building Lot or building, the contents thereof.
当該宅地又は建物に係る租税その他の公課の負担に関する定めがあるときは、その内容
A Real Estate Broker must issue a document in which the matters as listed below are stated to the counterparty to an agreement in connection with the loan of a Building Lot or building if said agreement is concluded with the Real Estate Broker acting as an agent for a party thereto; or to each party to an agreement in connection with the loan of a Building Lot or building if said agreement is concluded through the mediation of the Real Estate Broker:
the amount of rent, period and method of the payment thereof;
借賃の額並びにその支払の時期及び方法
if there are provisions relating to the transfer of money other than for rent, the amount thereof and the period and purpose of said transfer of money.
借賃以外の金銭の授受に関する定めがあるときは、その額並びに当該金銭の授受の時期及び目的
If a Real Estate Broker prepares a document that should be issued pursuant to the provisions of the preceding two paragraphs, the Real Estate Broker must have a real estate transaction specialist affix their name to said document.
In lieu of the issuance of the document under the provisions of paragraph (1), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the person specified in the applicable item according to the category of cases listed in the following items, provide the matters that are required to be stated in said document by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a means by which measures are taken in lieu of the measures under the provisions of the preceding paragraph. In this case, said Real Estate Broker is deemed to have issued said document, and the provisions of that paragraph do not apply.
if the Real Estate Broker has concluded the agreement itself as a party: the counterparty to said agreement;
自ら当事者として契約を締結した場合 当該契約の相手方
if the Real Estate Broker has concluded the agreement as an agent for a party thereto: the counterparty to said agreement and the person who requested the agency;
当事者を代理して契約を締結した場合 当該契約の相手方及び代理を依頼した者
if the agreement has been concluded through the mediation of the Real Estate Broker: each party to said agreement.
その媒介により契約が成立した場合 当該契約の各当事者
In lieu of the issuance of the document under the provisions of paragraph (2), a Real Estate Broker may, pursuant to the provisions of Cabinet Order and with the consent of the person specified in the applicable item according to the category of cases listed in the following items, provide the matters that are required to be stated in said document by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as a means by which measures are taken in lieu of the measures under the provisions of paragraph (3). In this case, said Real Estate Broker is deemed to have issued said document, and the provisions of that paragraph do not apply.
if the Real Estate Broker has concluded the agreement as an agent for a party thereto: the counterparty to said agreement and the person who requested the agency;
当事者を代理して契約を締結した場合 当該契約の相手方及び代理を依頼した者
if the agreement has been concluded through the mediation of the Real Estate Broker: each party to said agreement.
その媒介により契約が成立した場合 当該契約の各当事者
Article 37-2Revocation of purchase offer made at a location other than a business office
第三十七条の二(事務所等以外の場所においてした買受けの申込みの撤回等)
With respect to a sales agreement for a Building Lot or building for which a Real Estate Broker constitutes the seller, a person who makes a purchase offer on said Building Lot or building, or buyer who concludes a sales agreement at a business office of said Real Estate Broker or elsewhere as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance (hereinafter referred to in this article as "Business Office, etc.") (excluding a buyer who makes a purchase offer at a Business Office and concludes a sales agreement at a location other than a Business Office) may revoke said purchase offer or cancel said sales agreement in writing (hereinafter referred to in this article as "Revocation of Offer, etc.") except in either of the following cases. In such a case, the Real Estate Broker may not demand payment of indemnification for damage or a penalty charge tied to a Revocation of Offer, etc.
宅地建物取引業者が自ら売主となる宅地又は建物の売買契約について、当該宅地建物取引業者の事務所その他国土交通省令・内閣府令で定める場所(以下この条において「事務所等」という。)以外の場所において、当該宅地又は建物の買受けの申込みをした者又は売買契約を締結した買主(事務所等において買受けの申込みをし、事務所等以外の場所において売買契約を締結した買主を除く。)は、次に掲げる場合を除き、書面により、当該買受けの申込みの撤回又は当該売買契約の解除(以下この条において「申込みの撤回等」という。)を行うことができる。この場合において、宅地建物取引業者は、申込みの撤回等に伴う損害賠償又は違約金の支払を請求することができない。
if eight days have passed since the date on which the person who made a purchase offer or buyer (hereinafter referred to in this article as "Offerer, etc."), pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance, was duly informed of the fact that said person can carry out a Revocation of Offer, etc., and the method that is applicable if said Revocation of Offer, etc. is to be carried out;
買受けの申込みをした者又は買主(以下この条において「申込者等」という。)が、国土交通省令・内閣府令の定めるところにより、申込みの撤回等を行うことができる旨及びその申込みの撤回等を行う場合の方法について告げられた場合において、その告げられた日から起算して八日を経過したとき。
if the Offerer takes delivery of said Building Lot or building and pays the price thereof in full.
A Revocation of Offer, etc. is to take effect upon the issuance by the Offerer of a document as provided for in the first sentence of the preceding paragraph.
If a Revocation of Offer, etc. is carried out, a Real Estate Broker must promptly refund the earnest money and other monetary amounts received at the time of the purchase offer or conclusion of sales agreement to the Offerer.
Any special provision that contravenes any of the provisions of the preceding three paragraphs and is disadvantageous to the Offerer is hereby invalidated.
Article 38Restrictions on the planned amount of liquidated damages
第三十八条(損害賠償額の予定等の制限)
Regarding the sales agreement for a Building Lot or building for which the Real Estate Broker constitutes the seller, on grounds of the non-fulfillment of obligations by a party governing the cost of liquidated damages or penalties for breach of agreement tied to the cancellation prescribed therein, the sum of said amount in said provision must not exceed two-tenths of the amount of the price of said Building Lot or building.
The portion corresponding to any special provision that contravenes a provision of the preceding paragraph exceeding two-tenths of the amount of the price of said Building Lot or building is hereby invalidated.
前項の規定に反する特約は、代金の額の十分の二をこえる部分について、無効とする。
Article 39Restrictions on the earnest money amount
第三十九条(手付の額の制限等)
When a Real Estate Broker concludes a sales agreement for a Building Lot or building for which the Real Estate Broker constitutes the seller, the Real Estate Broker is not entitled to receive an earnest money of an amount exceeding two-tenths of the amount of the price of said Building Lot or building.
If a Real Estate Broker receives an earnest money when concluding a sales agreement for a Building Lot or building for which the Real Estate Broker constitutes the seller, the buyer may forfeit said earnest money and said Real Estate Broker may actually tender double the amount thereof and thereby cancel the agreement, irrespective of the properties of said earnest money. Provided, however, that this is not to apply after the counterparty has commenced the performance of the agreement.
Any special provision that contravenes a provision of the preceding paragraph and that is disadvantageous to the buyer is hereby invalidated.
前項の規定に反する特約で、買主に不利なものは、無効とする。
Article 40Restrictions on special provisions concerning warranty liability
第四十条(担保責任についての特約の制限)
A Real Estate Broker is not to prescribe any special provisions in a sales agreement for a Building Lot or building for which the Real Estate Broker constitutes the seller in connection with the liability for warranting against nonconformity in the case where the subject matter thereof does not conform to the terms of the contract with regard to type or quality that, with the exception of special provisions setting forth a period as prescribed in Article 566 of the Civil Code (Act No. 89 of 1896) that is at least two years from the date of the delivery of the subject matter thereof, would be more disadvantageous to the buyer than provisions as prescribed in the same article.
Any special provision that contravenes a provision of the preceding paragraph is hereby invalidated.
前項の規定に反する特約は、無効とする。
Article 41Earnest money preservation
第四十一条(手付金等の保全)
A Real Estate Broker must not receive an earnest money t, etc., (money transferred as the price in whole or in part, and money transferred as an earnest money or under a different name where said money is allocated to the price and is paid on or after the date of the conclusion of the agreement and prior to the delivery of said Building Lot or building; the same applies hereinafter) from a buyer concerning the sale of a Building Lot or building pertaining to construction work relating to the development of the Building Lot or construction of the building prior to the completion of said construction work where they are the seller, unless measures as listed in either of the following items are first taken. Provided, however, that this is not to apply if the transfer of ownership of said Building Lot or building to the buyer has been registered; if the buyer has carried out a registration of ownership; or if the amount of the earnest money, etc., that said Real Estate Broker intends to receive (the amount obtained by adding the amount of earnest money, etc., that has already been received, if applicable) is no more than five-one hundredths of the amount of the price and no more than the amount as specified by Cabinet Order in consideration of the actual conditions of transactions undertaken by Real Estate Brokers and the protection of the interests of counterparties to said transactions.
宅地建物取引業者は、宅地の造成又は建築に関する工事の完了前において行う当該工事に係る宅地又は建物の売買で自ら売主となるものに関しては、次の各号のいずれかに掲げる措置を講じた後でなければ、買主から手付金等(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をいう。以下同じ。)を受領してはならない。ただし、当該宅地若しくは建物について買主への所有権移転の登記がされたとき、買主が所有権の登記をしたとき、又は当該宅地建物取引業者が受領しようとする手付金等の額(既に受領した手付金等があるときは、その額を加えた額)が代金の額の百分の五以下であり、かつ、宅地建物取引業者の取引の実情及びその取引の相手方の利益の保護を考慮して政令で定める額以下であるときは、この限りでない。
An agreement is concluded with a bank or a financial institution as specified by Cabinet Order or a person as designated by the Minister of Land, Infrastructure, Transport and Tourism (hereinafter referred to in this article as "Bank") for delegation whereby, if the obligation to refund the earnest money, etc., received by the Real Estate Broker is assumed by the Real Estate Broker, said Bank is to jointly and severally guarantee said obligation (hereinafter referred to as "Indemnity Agreement") and a document promising that said Bank is to jointly and severally guarantee the obligation to refund the earnest money, etc., pursuant to said Indemnity Agreement is issued to the buyer;
A warranty insurance agreement is concluded with an insurance provider (a person engaged in the insurance business who has obtained a license as provided for in Article 3, paragraph (1), or Article 185, paragraph (1) of the Insurance Business Act (Act No. 105 of 1995); same hereinafter in this item) that promises that the portion of losses caused to the buyer as a result of the non-performance of the obligation to refund the earnest money etc. received by the Real Estate Broker equals the amount of the earnest money etc. pertaining to said non-performance of refund obligation is at the minimum, covered by said insurance provider and an insurance certificate or document acceptable in lieu thereof, issued to the buyer.
An Indemnity Agreement under item (i) of the preceding paragraph must stipulate that an insurance agreement satisfying the requirements as listed in the following items are concluded by the Bank with the buyer:
the guarantee obligation constitutes, at the very least, the guaranteeing of the obligation to refund the earnest money, etc., received by the Real Estate Broker in full;
the obligation to refund the earnest money, etc., that should be guaranteed, is at least in effect until the delivery of the Building Lot or building pertaining to the down payment, etc., received by the Real Estate Broker.
The warranty insurance agreement under paragraph (1), item (ii), must satisfy the requirements listed in the following items:
第一項第二号の規定による保証保険契約は、次の各号に掲げる要件に適合するものでなければならない。
the insurance amount is an amount equivalent to the amount of the earnest money, etc., that the Real Estate Broker intends to receive (the amount obtained by adding the amount of earnest money, etc., that has already been received, if applicable);
the insurance period is, at the minimum, the period from the conclusion of the warranty insurance agreement to the delivery of the Building Lot, or building pertaining to the earnest money, etc., received by the Real Estate Broker.
If a Real Estate Broker sells a Building Lot or building as prescribed in paragraph (1) (excluding any case, falling under the proviso of the same paragraph) and does not take measures as listed in item (i) or (ii) of the same paragraph, the buyer may choose to forgo payment of an earnest money, etc.
A Real Estate Broker may, pursuant to the provisions of Cabinet Order and after obtaining the consent of the buyer as prescribed in paragraph (1), take, in lieu of a measure as listed in either of the following items, a measure by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order as corresponding to a measure as listed in either of said items. In such a case, the person who carries out said measure as specified by the Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order is deemed to have carried out a measure as listed in either of said items.
a measure as listed in paragraph (1), item (i), constituting a measure for issuing a document promising that said Bank is to jointly and severally guarantee the obligation to refund the earnest money, etc., pursuant to said Indemnity Agreement issued to the buyer;
a measure as listed in paragraph (1), item (ii), constituting a measure for issuing a document in lieu of an insurance certificate to the buyer.
第一項第二号に掲げる措置のうち、保険証券に代わるべき書面を買主に交付する措置
第四十一条の二
A Real Estate Broker must not receive an earnest money, etc., from a buyer concerning the sale of a Building Lot or building for which the Real Estate Broker is the seller (excluding any sale as prescribed in paragraph (1) of the preceding article) unless measures as listed in item (i) or (ii) of the same paragraph or the measures as listed in both of the following items are taken. Provided, however, that this does not apply if the transfer of ownership of said Building Lot or building to the buyer has been registered; if the buyer has carried out a registration of ownership; or if the amount of the earnest money, etc., that said Real Estate Broker intends to receive (the amount obtained by adding the amount of earnest money, etc., that has already been received, if applicable) is no more than one-tenth of the amount of the price and no more than the amount as specified by Cabinet Order in consideration of the actual conditions of transactions undertaken by Real Estate Brokers and the protection of the interests of counterparties to said transactions.
宅地建物取引業者は、自ら売主となる宅地又は建物の売買(前条第一項に規定する売買を除く。)に関しては、同項第一号若しくは第二号に掲げる措置を講じた後又は次の各号に掲げる措置をいずれも講じた後でなければ、買主から手付金等を受領してはならない。ただし、当該宅地若しくは建物について買主への所有権移転の登記がされたとき、買主が所有権の登記をしたとき、又は当該宅地建物取引業者が受領しようとする手付金等の額(既に受領した手付金等があるときは、その額を加えた額)が代金の額の十分の一以下であり、かつ、宅地建物取引業者の取引の実情及びその取引の相手方の利益の保護を考慮して政令で定める額以下であるときは、この限りでない。
an agreement is concluded with a person designated by the Minister of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "Designated Custodian") that promises that the Real Estate Broker will have said Designated Custodian receive said earnest money, etc., on behalf thereof and that said Designated Custodian will retain an amount of money equivalent to the amount of the earnest money, etc., received by said Real Estate Broker (hereinafter referred to as "Earnest Money Deposition Agreement") and a document attesting to said Earnest Money Deposition Agreement is issued to the buyer;
an agreement establishing a right of pledge over claims for the purpose of refunding trust money based on the Earnest Money Deposition Agreement is concluded with the buyer to secure claims for the purpose of refunding the earnest money, etc., to be held by the buyer against the Real Estate Broker (hereinafter referred to as "Pledge-Establishing Agreement"); a document attesting to said Pledge-Establishing Agreement is issued to the buyer; and the establishment of the right of pledge under said Pledge-Establishing Agreement is notified to the Designated Custodian with a certificate bearing the date of finalization under Article 467 of the Civil Code.
An Earnest Money Deposition Agreement under item (i) of the preceding paragraph must satisfy the requirements as listed in the following items:
the retained amount is an amount equivalent to the amount of the earnest money, etc., that the Real Estate Broker intends to receive (the amount obtained by adding the amount of earnest money, etc., that has already been received and that has not yet been retained by the Designated Custodian, if applicable);
the retention period is, at the minimum, the period from the receipt of the earnest money, etc., by the Designated Custodian on behalf of the Real Estate Broker to the delivery of the Building Lot or building pertaining to said earnest money, etc.
A Pledge-Establishing Agreement under paragraph (1), item (ii), must stipulate that the duration of the established right of pledge is, at the minimum the period from the establishment of said right of pledge to the delivery of the Building Lot or building pertaining to the earnest money, etc., received by the Real Estate Broker.
If a Real Estate Broker takes measures as listed in any of the items of paragraph (1) and has already received an earnest money, etc., the Real Estate Broker must deliver an amount that is equivalent to the amount of earnest money, etc., received by the Real Estate Broker (the amount obtained by deducting the amount already retained by the Designated Custodian, if applicable) to the Designated Custodian prior to payment of an earnest money, etc., by the buyer.
If a Real Estate Broker sells a Building Lot or building as prescribed in paragraph (1) (excluding any case falling under the proviso of the same paragraph) and does not take measures as listed in item (i) or (ii) of paragraph (1) of the preceding article, does not take measures as listed in any of the items of paragraph (1), or does not deliver money under the preceding paragraph, the buyer may choose to forgo payment of an earnest money, etc.
A Real Estate Broker may, pursuant to the provisions of Cabinet Order and after obtaining the consent of the buyer as prescribed in paragraph (1), take, in lieu of a measure as listed in either of the following items, a measure by electronic or magnetic means that is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order as corresponding to a measure as listed in either of said items. In such a case, the person who carries out said measure as specified by the Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order is deemed to have carried out a measure as listed in either of said items.
a measure as listed in paragraph (1), item (i), constituting a measure for issuing a document attesting to said Earnest Money Deposition Agreement to the buyer;
a measure as listed in paragraph (1), item (ii), constituting a measure for issuing a document attesting to said Pledge-Establishing Agreement to the buyer.
Article 42Restrictions on canceling an installment sales agreement for a Building Lot or building
第四十二条(宅地又は建物の割賦販売の契約の解除等の制限)
If the obligation to pay installments under an installment sales agreement for a Building Lot or building for which a Real Estate Broker is the seller is not performed, the Real Estate Broker is to provide a written demand for payment to be made within a prescribed reasonable period of time of no less than thirty days and may not cancel the agreement on grounds that the payment of an installment is late or demand payment of an installment that is not yet due unless said obligation is not performed within said period.
Any special provision that contravenes a provision of the preceding paragraph is hereby invalidated.
前項の規定に反する特約は、無効とする。
Article 43Prohibition against the reservation of ownership
第四十三条(所有権留保等の禁止)
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.
Article 44Prohibition against an undue delay in performance
第四十四条(不当な履行遅延の禁止)
A Real Estate Broker must not unduly delay the registration or delivery of a Building Lot or building or the value of the payment affecting the transactions that should be carried out concerning the operations thereof.
Article 45Obligation to maintain confidentiality
第四十五条(秘密を守る義務)
A Real Estate Broker must not divulge any secrets learned with respect to any matter handled in the course of the operations thereof unless there are justifiable grounds for doing so. The same is to apply even after the Real Estate Broker ceases to engage in the Real Estate Brokerage.
第四十六条(報酬)
The amount of remuneration that a Real Estate Broker may receive concerning the provision of agency or mediation services for the sale, exchange, or loan of a Building Lot or building is to be as set forth by the Minister of Land, Infrastructure, Transport and Tourism.
A Real Estate Broker is not to receive remuneration exceeding the amount as provided for in the preceding paragraph.
If the Minister of Land, Infrastructure, Transport and Tourism prescribes an amount of remuneration as provided for in paragraph (1), said minister must issue an announcement thereof.
国土交通大臣は、第一項の報酬の額を定めたときは、これを告示しなければならない。
A Real Estate Broker must post the amount of remuneration as prescribed by the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisions of paragraph (1) at a conspicuous location accessible to the public at each office operated thereby.
Article 47Prohibitions concerning operations
第四十七条(業務に関する禁止事項)
A Real Estate Broker must not engage in any of the following actions against the Real Estate Brokerage Operation Counterparty concerning the operations of the Real Estate Broker:
宅地建物取引業者は、その業務に関して、宅地建物取引業者の相手方等に対し、次に掲げる行為をしてはならない。
intentionally failing to disclose facts or misrepresenting information on matters as listed in any of the following when soliciting for the conclusion of an agreement for the sale, exchange, or loan of a Building Lot or building, or in order to prevent the withdrawal of an application for, or the cancellation of, said agreement or the exercise of claims arising from transactions relating to the Real Estate Brokerage:
matters as listed in any of the items of paragraph (1) or any of the items of paragraph (2) of Article 35;
matters as listed in any of the items of Article 35-2;
第三十五条の二各号に掲げる事項
matters as listed in any of the items of paragraph (1) or any of the items of paragraph (2) (excluding item (i)) of Article 37;
in addition to what is as listed in (a) through (c), the location, size, characteristics, or restrictions on the present or future usage of a Building Lot or building the environment, the convenience of transportation, etc., price, the amounts of the price of rent or payment methods and other conditions relating to transaction conditions as they pertain thereto or any matter that relates to the means and credit of said Real Estate Broker or a person concerned with transactions and that materially affects the judgment of a Real Estate Brokerage Operation Counterparty.
イからハまでに掲げるもののほか、宅地若しくは建物の所在、規模、形質、現在若しくは将来の利用の制限、環境、交通等の利便、代金、借賃等の対価の額若しくは支払方法その他の取引条件又は当該宅地建物取引業者若しくは取引の関係者の資力若しくは信用に関する事項であつて、宅地建物取引業者の相手方等の判断に重要な影響を及ぼすこととなるもの
unreasonable requests for a large amount of remuneration;
不当に高額の報酬を要求する行為
solicit for the conclusion of an agreement by lending the earnest money or otherwise extending credit.
手付について貸付けその他信用の供与をすることにより契約の締結を誘引する行為
第四十七条の二
No Real Estate Broker or agent, employee, or other worker thereof (hereinafter referred to in this article as "Real Estate Broker, etc.") must not make definitive conclusions that would cause a Real Estate Brokerage Operation Counterparty to mistakenly believe that the generation of profits is certain when soliciting for the conclusion of an agreement pertaining to the Real Estate Brokerage.
宅地建物取引業者又はその代理人、使用人その他の従業者(以下この条において「宅地建物取引業者等」という。)は、宅地建物取引業に係る契約の締結の勧誘をするに際し、宅地建物取引業者の相手方等に対し、利益を生ずることが確実であると誤解させるべき断定的判断を提供する行為をしてはならない。
A Real Estate Broker, etc., must not use intimidation to a Real Estate Brokerage Operation Counterparty in order to have an agreement pertaining to the Real Estate Brokerage concluded, or hinder the revocation or cancellation of an agreement application pertaining to the Real Estate Brokerage.
宅地建物取引業者等は、宅地建物取引業に係る契約を締結させ、又は宅地建物取引業に係る契約の申込みの撤回若しくは解除を妨げるため、宅地建物取引業者の相手方等を威迫してはならない。
In addition to what is as prescribed in the preceding two paragraphs, a Real Estate Broker, etc., must not engage in conduct that relates to the conclusion of or the hindrance of the revocation or cancellation of an application for an agreement pertaining to the Real Estate Brokerage and that is, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Ordinance as lacking in terms of the protection of the interests of a Real Estate Brokerage Operation Counterparty as prescribed in Article 35, paragraph (1), item (14)(a) or as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism as lacking in terms of the protection of other interests of a Real Estate Brokerage Operation Counterparty.
宅地建物取引業者等は、前二項に定めるもののほか、宅地建物取引業に係る契約の締結に関する行為又は申込みの撤回若しくは解除の妨げに関する行為であつて、第三十五条第一項第十四号イに規定する宅地建物取引業者の相手方等の利益の保護に欠けるものとして国土交通省令・内閣府令で定めるもの及びその他の宅地建物取引業者の相手方等の利益の保護に欠けるものとして国土交通省令で定めるものをしてはならない。
第四十七条の三(宅地建物取引業の業務に関し行つた行為の取消しの制限)
An act performed by a Real Estate Broker (limited to an individual, and excluding a minor) in connection with the Real Estate Brokerage may not be rescinded on the grounds of limited capacity to act.
Article 48Carrying an identification card
第四十八条(証明書の携帯等)
A Real Estate Broker is not to, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, have an employee engage in the operations of the Real Estate Broker unless it has said employee carry an identification card proving that said employee is an employee thereof.
宅地建物取引業者は、国土交通省令の定めるところにより、従業者に、その従業者であることを証する証明書を携帯させなければ、その者をその業務に従事させてはならない。
An employee must present their identification card as provided for in the preceding paragraph if a request is made by a person concerned with transactions.
従業者は、取引の関係者の請求があつたときは、前項の証明書を提示しなければならない。
A Real Estate Broker must, pursuant to the provisions of an Order of the Ministry of Land, Infrastructure, Transport and Tourism, prepare an employee roster and state therein the names of workers, the numbers of their identification cards referred to in paragraph (1), and any other matter as specified by an Order of the Ministry of Land, Infrastructure, Transport and Tourism therein for each office operated.
If a request is made by a person concerned with transactions, the employee roster as provided for in the preceding paragraph must be made available for inspection to said person by the Real Estate Broker.
Article 49Maintenance of books
第四十九条(帳簿の備付け)
A Real Estate Broker must, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, prepare books relating to the operations thereof for each business office operated thereby and state therein, for each transaction relating to the Real Estate Brokerage, the date, address and area of the Building Lot or building pertaining to said transaction and any other matter as specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
第五十条(標識の掲示等)
A Real Estate Broker must put up a sign as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism at a conspicuous location accessible to the public at each Business Office, etc., and any other location at which the operations of the Real Estate Broker are carried out other than a Business Office, etc., as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
A Real Estate Broker must, pursuant to the provisions of an Order of the Ministry of Land, Infrastructure, Transport and Tourism, provide a notification in advance of the locations of, operational contents of, periods during which operations are to be carried out for, and names of exclusive real estate transaction specialists at locations as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as provided for in Article 31-3, paragraph (1), to the Minister of Land, Infrastructure, Transport and Tourism or prefectural governor from whom its license was obtained and to the prefectural governor with jurisdiction over said locations.
宅地建物取引業者は、国土交通省令の定めるところにより、あらかじめ、第三十一条の三第一項の国土交通省令で定める場所について所在地、業務内容、業務を行う期間及び専任の宅地建物取引士の氏名を免許を受けた国土交通大臣又は都道府県知事及びその所在地を管轄する都道府県知事に届け出なければならない。
If, in conjunction with the entrustment in whole or in part of determinations pertaining to the selling, exchanging, or lending of Building Lots or buildings pursuant to an agreement as listed below, the approval of the Minister of Land, Infrastructure, Transport and Tourism is obtained, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, by a Real Estate Broker in advance for the provision of agency or mediation services for said transactions based on said determinations (hereinafter referred to as "Entrustment-Based Agency Services for Transactions, etc."), the provisions of Articles 34-2 and 34-3 does not apply to Entrustment-Based Agency Services for Transactions, etc. and other such functions to be engaged in by said Real Estate Broker.
an agreement as prescribed in either (a) or (b) below as concluded by said Real Estate Broker with a person as listed in said (a) or (b) upon obtaining a registration as provided for in Article 29 of the Financial Instruments and Exchange Act (Act No. 25 of 1948) (limited to that which pertains to any of the categories of investment management businesses as prescribed in Article 28, paragraph (4) of the same Act):
当該宅地建物取引業者が金融商品取引法(昭和二十三年法律第二十五号)第二十九条の登録(同法第二十八条第四項に規定する投資運用業の種別に係るものに限る。)を受けて次のイ又はロに掲げる者と締結する当該イ又はロに定める契約
a trustee company of investment trust property under an investment trust managed under instructions from the settlor through which said Real Estate Broker is to issue management instructions thereof, (investment trust managed under instructions from the settlor as prescribed in Article 2, paragraph (1) of the Act on Investment Trusts and Investment Corporations (Act No. 198 of 1951)) (trustee company as prescribed in Article 9 of the same Act): investment trust agreement as prescribed in Article 3 of the same Act;
当該宅地建物取引業者がその運用の指図を行う委託者指図型投資信託(投資信託及び投資法人に関する法律(昭和二十六年法律第百九十八号)第二条第一項に規定する委託者指図型投資信託をいう。)の信託財産の受託会社(同法第九条に規定する受託会社をいう。) 同法第三条に規定する投資信託契約
an investment corporation through which said Real Estate Broker is to invest the assets thereof, (investment corporation as prescribed in Article 2, paragraph (12) of the Act on Investment Trusts and Investment Corporations): entrustment agreement as prescribed in Article 188, paragraph (1), item (iv) of the same Act.
当該宅地建物取引業者がその資産の運用を行う投資法人(投資信託及び投資法人に関する法律第二条第十二項に規定する投資法人をいう。) 同法第百八十八条第一項第四号に規定する委託契約
an agreement relating to the entrustment of operations pertaining to the selling, exchanging, or lending of Building Lots or buildings as concluded by said Real Estate Broker with a person as prescribed in either (a) or (b) below to whom said operations are entrusted where the entrustment of said operations are accepted pursuant to the provisions as listed in said (a) or (b):
Article 203 of the Act on the Securitization of Assets (Act No. 105 of 1998): specific purpose company as prescribed in Article 2, paragraph (3) of the same Act;
資産の流動化に関する法律(平成十年法律第百五号)第二百三条 同法第二条第三項に規定する特定目的会社
Article 284 paragraph (2) of the Act on the Securitization of Assets: fiduciary trust company, etc., as prescribed in Article 2, paragraph (16) of the same Act.
資産の流動化に関する法律第二百八十四条第二項 同法第二条第十六項に規定する受託信託会社等
an agreement relating to the entrustment of operations as concluded by said Real Estate Broker, upon obtaining the permission as provided for in Article 3, paragraph (1) of the Act on Specified Joint Real Estate Ventures (Act No. 77 of 1994) (limited to that which pertains to a business pertaining to the acts listed in Article 2, paragraph (4), item (iii) of the same Act), with the entrusting special business operator as prescribed in Article 26-2, item (i) of the same Act pertaining to said Real Estate Broker.
当該宅地建物取引業者が不動産特定共同事業法(平成六年法律第七十七号)第三条第一項の許可(同法第二条第四項第三号に掲げる行為に係る事業に係るものに限る。)を受けて当該宅地建物取引業者に係る同法第二十六条の二第一号に規定する委託特例事業者と締結する業務の委託に関する契約
If a Real Estate Broker that has obtained the approval as provided for in the preceding paragraph (hereinafter referred to as "Approved Real Estate Broker") engages in Entrustment-Based Agency Services for Transactions, etc., actions as prescribed in each of the items below does not need to be carried out for the counterparty to the agreement as listed in the applicable item of the preceding paragraph pertaining to said Entrustment-Based Agency Services for Transactions, etc. irrespective of the corresponding provisions as listed in said item below:
Article 35, paragraph (1):issuance of documents and provision of explanation as prescribed in the same paragraph;
Article 35, paragraph (2):issuance of documents and provision of explanation as prescribed in the same paragraph;
Article 35-2:provision of explanation as prescribed in the same article;
Article 37, paragraph (2):issuance of documents as prescribed in the same paragraph.
Article 50-2-2Approval conditions
第五十条の二の二(認可の条件)
The Minister of Land, Infrastructure, Transport and Tourism may attach conditions to the approval as provided for in paragraph (1) of the preceding article and revise said conditions.
国土交通大臣は、前条第一項の認可に条件を付し、及びこれを変更することができる。
The conditions as provided for in the preceding paragraph must not be limited to those that are minimally required to secure the fairness of transactions involving Real Estate, and must not impose any undue obligation on a person who has obtained said approval.
Article 50-2-3Approval criteria
第五十条の二の三(認可の基準等)
If a person intending to obtain an approval as provided for in Article 50-2, paragraph (1), falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism must not grant said approval:
国土交通大臣は、第五十条の二第一項の認可を受けようとする者が次の各号のいずれかに該当するときは、認可をしてはならない。
does not possess sufficient financial basis to allow for the smooth intended execution of Entrustment-Based Agency Services for Transactions, etc.;
その行おうとする取引一任代理等を健全に遂行するに足りる財産的基礎を有しないこと。
there is a risk that the fairness of Entrustment-Based Agency Services for Transactions, etc. will be impaired given the unfavorable prospects for the income and expenditures of operations to be carried out by said person;
その営む業務の収支の見込みが良好でなく、取引一任代理等の公正を害するおそれがあること。
does not possess the knowledge and experience to allow for the intended execution of Entrustment-Based Agency Services for Transactions, etc. in a fair and precise manner.
その行おうとする取引一任代理等を公正かつ的確に遂行することができる知識及び経験を有しないこと。
If the Minister of Land, Infrastructure, Transport and Tourism does not grant approval as provided for in Article 50-2, paragraph (1), said minister must provide a written notification thereof with grounds for said decision included therein to the applicant.
国土交通大臣は、第五十条の二第一項の認可をしない場合においては、その理由を付した書面をもつて、申請者にその旨を通知しなければならない。
If the Minister of Land, Infrastructure, Transport and Tourism grants approval as provided for in Article 50-2, paragraph (1), the Minister of Land, Infrastructure, Transport and Tourism must, without delay, provide a notification of the fact thereof and the date of authorization to the prefectural governor with jurisdiction over the location of the principal office of said Real Estate Broker if said Real Estate Broker has obtained a license granted by the Minister of Land, Infrastructure, Transport and Tourism, or to said prefectural governor if said Real Estate Broker has obtained a license granted by a prefectural governor.
Article 50-2-4Special provisions pertaining to the sale of Real Estate trust beneficiary rights
第五十条の二の四(不動産信託受益権等の売買等に係る特例)
A case in which a financial service specialist (a financial service specialist as prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act), a financial instruments intermediary service provider (a financial instruments intermediary as prescribed in paragraph (12) of the same article), or a financial service intermediary business operator (meaning a financial service intermediary business operator as prescribed in Article 11, paragraph (6) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (Act No. 101 of 2000), limited to one that has obtained the registration under Article 12 of that Act for the type of securities, etc. intermediary services as prescribed in Article 11, paragraph (4) of that Act) constituting a Real Estate Broker serves as the seller of rights based on a partnership agreement (a partnership agreement as prescribed in Article 667, paragraph (1) of the Civil Code), silent partnership agreement (a silent partnership agreement as prescribed in Article 535 of the Commercial Code (Act No. 48 of 1899)), or limited partnership agreement for investment (a limited partnership agreement for investment as prescribed in Article 3, paragraph (1) of the Limited Partnership Act for Investment (Act No. 90 of 1998)) pertaining to trust beneficial rights pertaining to Building Lots or buildings or to an investment business relating to said beneficial rights (hereinafter referred to in this Article as "Real Estate trust beneficiary rights") (including a case in which it transfers them in exchange for a crypto-asset, etc. (meaning a crypto-asset, etc. as prescribed in Article 2, paragraph (24), item (iii)-2 of the Financial Instruments and Exchange Act; the same applies hereinafter in this Article)) or provides agency or intermediation services for the selling of Real Estate trust beneficiary rights (including their transfer or acquisition in exchange for a crypto-asset, etc.) is deemed to be a case in which said Real Estate Broker is a seller of trust (limited to that for which said Real Estate Broker is the consignor) beneficiary rights pertaining to Building Lots or buildings and the provisions of Article 35, paragraphs (3) through (5) and paragraph (8) apply. In such a case, "to a counterparty to a sale" as referred to in the main text of paragraph (3) of the same article is to be read as "to a counterparty to a sale or to the person who requested agency services or parties to a sale pertaining to intermediation services (hereinafter referred to as "Counterparty to the Sale of Real Estate Trust Beneficiary Rights")"; "pertaining to the beneficial interest in trust" as referred to in the same paragraph is to be read as "pertaining to Real Estate trust beneficiary rights as prescribed in Article 50-2-4"; and "a counterparty to a sale" as referred to in the proviso of the same paragraph, "counterparty to the sale of said beneficial interest in trust" as referred to in item (vii) of the same paragraph, and "the counterparty to the sale prescribed in paragraph (3)" as referred to in paragraph (8) of the same article are to be read as "Counterparty to the Sale of Real Estate Trust Beneficiary Rights".
金融商品取引業者(金融商品取引法第二条第九項に規定する金融商品取引業者をいう。)、金融商品仲介業者(同条第十二項に規定する金融商品仲介業者をいう。)又は金融サービス仲介業者(金融サービスの提供及び利用環境の整備等に関する法律(平成十二年法律第百一号)第十一条第六項に規定する金融サービス仲介業者をいい、同条第四項に規定する有価証券等仲介業務の種別に係る同法第十二条の登録を受けているものに限る。)である宅地建物取引業者が、宅地若しくは建物に係る信託の受益権又は当該受益権に対する投資事業に係る組合契約(民法第六百六十七条第一項に規定する組合契約をいう。)、匿名組合契約(商法(明治三十二年法律第四十八号)第五百三十五条に規定する匿名組合契約をいう。)若しくは投資事業有限責任組合契約(投資事業有限責任組合契約に関する法律(平成十年法律第九十号)第三条第一項に規定する投資事業有限責任組合契約をいう。)に基づく権利(以下この条において「不動産信託受益権等」という。)の売主となる場合(暗号等資産(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をいう。以下この条において同じ。)を対価とする譲渡をする場合を含む。)又は不動産信託受益権等の売買(暗号等資産を対価とする譲渡又は譲受けを含む。)の代理若しくは媒介をする場合においては、これを当該宅地建物取引業者が宅地又は建物に係る信託(当該宅地建物取引業者を委託者とするものに限る。)の受益権の売主となる場合とみなして第三十五条第三項から第五項まで及び第八項の規定を適用する。この場合において、同条第三項本文中「売買の相手方に対して」とあるのは「売買の相手方又は代理を依頼した者若しくは媒介に係る売買の各当事者(以下「不動産信託受益権売買等の相手方」という。)に対して」と、「信託の受益権に係る」とあるのは「第五十条の二の四に規定する不動産信託受益権等に係る」と、同項ただし書中「売買の相手方」とあり、同項第七号中「信託の受益権の売買の相手方」とあり、及び同条第八項中「第三項に規定する売買の相手方」とあるのは「不動産信託受益権売買等の相手方」とする。
Section 2 Real Estate Information Network System
第二節 指定流通機構
第五十条の二の五(指定等)
For a designation under Article 34-2, paragraph (5) (hereinafter referred to in this Section as "Designation"), the consent of a person who satisfies the conditions as listed below and who is deemed to be capable of properly and reliably carrying out duties as listed in the items of paragraph (1) of the following article must be obtained as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism:
第三十四条の二第五項の規定による指定(以下この節において「指定」という。)は、次に掲げる要件を備える者であつて、次条第一項各号に掲げる業務を適正かつ確実に行うことができると認められるものにつき、国土交通省令で定めるところにより、その者の同意を得て行わなければならない。
a general incorporated association or a general incorporated foundation whose purpose is to facilitate the proper securing of transactions and logistics involving Real Estate;
宅地及び建物の取引の適正の確保及び流通の円滑化を目的とする一般社団法人又は一般財団法人であること。
a person who is not a person whose Designation has been rescinded pursuant to the provisions of Article 50-14, paragraph (1), and for whom five years has not yet passed from the date of said rescission;
第五十条の十四第一項の規定により指定を取り消され、その取消しの日から五年を経過しない者でないこと。
an officer, who does not fall under either of the following:
役員のうちに次のいずれかに該当する者がないこと。
a person who, in a case in which a Real Estate Information Network System has been subject to a rescission of Designation pursuant to the provisions of Article 50-14, paragraph (1), was an officer belonging to said Real Estate Information Network System at any time within sixty days prior to the public notification of the date and location of hearings pertaining to said rescission and for whom five years have not yet passed from the date of said rescission.
指定流通機構が第五十条の十四第一項の規定により指定を取り消された場合において、当該取消しに係る聴聞の期日及び場所の公示の日前六十日以内にその指定流通機構の役員であつた者で当該取消しの日から五年を経過しないもの
a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being unable to properly carry out Real Estate Information Network System operations due to a mental or physical disability.
心身の故障により指定流通機構の業務を適正に行うことができない者として国土交通省令で定めるもの
If the Minister of Land, Infrastructure, Transport and Tourism carries out a Designation, said minister must issue a public notice of the name of the Real Estate Information Network System, location of the principal business office thereof, date of said designation, and any other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
If a Real Estate Information Network System intends to change the name or location of the principal business office thereof, the Real Estate Information Network System must notify the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism by no later than two weeks prior to the intended date of said change.
If a notification under the preceding paragraph is filed, the Minister of Land, Infrastructure, Transport and Tourism must issue a public notification of the fact thereof.
国土交通大臣は、前項の規定による届出があつたときは、その旨を公示しなければならない。
Article 50-3Real Estate Information Network System operations
第五十条の三(指定流通機構の業務)
Pursuant to the provisions of this Section, a Real Estate Information Network System is to carry out operations as listed below:
指定流通機構は、この節の定めるところにより、次に掲げる業務を行うものとする。
operations relating to the registration of Building Lots or buildings subject to Exclusive Mediation Agreements and other agreements pertaining to the Real Estate Brokerage;
provision of information concerning Building Lots or buildings pertaining to registration as provided for in the preceding item to Real Estate Brokers on a regular basis or in response to requests;
in addition to operations as listed in the preceding two items, preparation of statistics relating to information as provided for in the preceding item and other operations required to facilitate the proper securing of transactions and logistics involving Real Estate.
A Real Estate Information Network System may, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, entrust some of the operations thereof to another person upon obtaining the approval of the Minister of Land, Infrastructure, Transport and Tourism.
指定流通機構は、国土交通省令で定めるところにより、その業務の一部を、国土交通大臣の承認を受けて、他の者に委託することができる。
Article 50-4Prohibition against discriminatory treatment
第五十条の四(差別的取扱いの禁止)
A Real Estate Information Network System must not, in connection with the performance of operations as listed in paragraph (1), items (i) and (ii) of the preceding article (hereinafter referred to as in this Section as "Registration Operations"), improperly engage in the discriminatory treatment of a person intending to register a Building Lot or building or another Real Estate Broker intending to utilize said Real Estate Information Network System.
A Real Estate Information Network System must prescribe regulations concerning Registration Operations (hereinafter referred to as "Regulations Governing Registration Operations") and have them approved by the Minister of Land, Infrastructure, Transport and Tourism. The same applies if said regulations are revised.
The method of implementing Registration Operations (including any method with respect to the conclusion of agreements with other Real Estate Information Network Systems concerning such matters as coordination and the provision of proxy services involving Registration Operations), fees relating to Registration Operations, and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism must be prescribed in the Regulations Governing Registration Operations. In such a case, said fees must be limited to the coverage of appropriate costs for the efficient performance of operations and must be fair and reasonable.
If the Minister of Land, Infrastructure, Transport and Tourism deems that Regulations Governing Registration Operations as approved under paragraph (1) have become inappropriate for the proper and reliable implementation of Registration Operations, said minister may order a Real Estate Information Network System to revise said Regulations Governing Registration Operations.
Article 50-6Issuance of a document proving registration
第五十条の六(登録を証する書面の発行)
If a registration under Article 34-2, paragraph (5), has been carried out, a Real Estate Information Network System must, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, issue a document attesting to said registration to the Real Estate Broker that carried out said registration.
指定流通機構は、第三十四条の二第五項の規定による登録があつたときは、国土交通省令で定めるところにより、当該登録をした宅地建物取引業者に対し、当該登録を証する書面を発行しなければならない。
A Real Estate Information Network System, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, must officially announce the numbers of sales or exchange agreements concluded each month and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism with respect to Building Lots or buildings registered with said Real Estate Information Network System.
第五十条の八(事業計画等)
A Real Estate Information Network System must prepare a business plan, revenue and expenditure budget each business year and have them approved by the Minister of Land, Infrastructure, Transport and Tourism prior to the commencement of the corresponding business year (or, for the business year in which falls the date on which a Designation was obtained, without delay upon obtaining said Designation). The same is to apply when the Real Estate Information Network System intends to revise a business plan or revenue and expenditure budget.
A Real Estate Information Network System must prepare a business report and statement of accounts each business year and submit them to the Minister of Land, Infrastructure, Transport and Tourism within three months after the end of the corresponding business year.
指定流通機構は、毎事業年度、事業報告書及び収支決算書を作成し、当該事業年度の終了後三月以内に、国土交通大臣に提出しなければならない。
第五十条の九(登録業務に関する情報の目的外使用の禁止)
No officer or employee of a Real Estate Information Network System or person who was formerly in such a position are to use information obtained concerning Registration Operations for a purpose other than operations as prescribed in Article 50-3, paragraph (1).
Article 50-10Appointment and dismissal of officers
第五十条の十(役員の選任及び解任)
No appointment or dismissal of an officer of a Real Estate Information Network System will take effect unless approved by the Minister of Land, Infrastructure, Transport and Tourism.
指定流通機構の役員の選任及び解任は、国土交通大臣の認可を受けなければ、その効力を生じない。
If an officer of a Real Estate Information Network System engages in conduct contravening this Act (including an order or disposition based on this Act) or the Regulations Governing Registration Operations as approved pursuant to the provisions of Article 50-5, paragraph (1), or engages in considerably inappropriate conduct in connection with Registration Operations, the Minister of Land, Infrastructure, Transport and Tourism may order the Real Estate Information Network System to dismiss said officer.
Article 50-11Supervisory orders
第五十条の十一(監督命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary to secure the proper implementation of operations as prescribed in Article 50-3, paragraph (1), said minister may issue an order required for supervision in connection with said operations to a Real Estate Information Network System.
Article 50-12Reports and inspections
第五十条の十二(報告及び検査)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary to secure the proper implementation of operations as prescribed in Article 50-3, paragraph (1), said minister may request required reports concerning the status of said operations from a Real Estate Information Network System or have said ministers officials, enter the business office of the Real Estate Information Network System and inspect the status of operations or the equipment, books, documents, and other materials and objects of the Real Estate Information Network System.
An official conducting an on-site inspection pursuant to the provisions of the preceding paragraph must carry personal identification and present said identification if requested to do so by a concerned person.
前項の規定により立入検査をする職員は、その身分を示す証明書を携帯し、関係人の請求があつたときは、これを提示しなければならない。
The authority to conduct an on-site inspection under paragraph (1) must not be interpreted as having been accorded for the purpose of a criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解してはならない。
Article 50-13Suspension or abolition of registration operations
第五十条の十三(登録業務の休廃止)
If a Real Estate Information Network System intends to suspend or discontinue Registration Operations in whole or in part, the Real Estate Information Network System must provide a notification of matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism to the Minister of Land, Infrastructure, Transport and Tourism by no later than thirty days prior to the intended date of suspension or abolition.
If a notification as provided for in the preceding paragraph is submitted, the Minister of Land, Infrastructure, Transport and Tourism must issue a public notification of the fact thereof.
国土交通大臣は、前項の届出があつたときは、その旨を公示しなければならない。
Article 50-14Rescission of Designation
第五十条の十四(指定の取消し等)
If a Real Estate Information Network System falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the designation of said Real Estate Information Network System or order said Real Estate Information Network System to suspend Registration Operations in whole or in part for a prescribed period:
when it can be deemed that the Real Estate Information Network System cannot properly and reliably implement Registration Operations;
登録業務を適正かつ確実に実施することができないと認められるとき。
when the Real Estate Information Network System contravenes a provision of this Section or an order or disposition based on said provisions;
この節の規定又は当該規定に基づく命令若しくは処分に違反したとき。
when the Real Estate Information Network System has carried out Registration Operations without complying with Regulations Governing Registration Operations as approved pursuant to the provisions of Article 50-5, paragraph (1).
The provisions of Article 16-15, paragraphs (3) through (5) are to apply mutatis mutandis to any hearings pertaining to a disposition under the preceding paragraph.
第十六条の十五第三項から第五項までの規定は、前項の規定による処分に係る聴聞について準用する。
If the Minister of Land, Infrastructure, Transport and Tourism carries out a disposition under paragraph (1), said minister must issue a public notification of the fact thereof.
国土交通大臣は、第一項の規定による処分をしたときは、その旨を公示しなければならない。
第五十条の十五(他の指定流通機構による登録業務の実施等)
If a notification of the suspension or abolition of Registration Operations in whole or in part under Article 50-13, paragraph (1), has been made; a Designation has been rescinded or the suspension of Registration Operations in whole or in part has been ordered pursuant to the provisions of paragraph (1) of the preceding article; or it is deemed necessary where it has become difficult for a Real Estate Information Network System to implement Registration Operations in whole or in part due to a natural disaster or for other reasons, the Minister of Land, Infrastructure, Transport and Tourism may have another Real Estate Information Network System carry out said Registration Operations in whole or in part pursuant to approved Regulations Governing Registration Operations as provided for in Article 50-5, paragraph (1).
If the Minister of Land, Infrastructure, Transport and Tourism determines that Registration Operations are to be carried out by another Real Estate Information Network System pursuant to the provisions of the preceding paragraph, said minister must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, issue a public notice of the fact thereof.
In addition to what is as prescribed in the preceding two paragraphs, transitional measures that would be required if a reason as prescribed in paragraph (1) were to arise may be specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism to the extent that is determined to be reasonably necessary.
Section 3 Designated Guarantee Agency
第三節 指定保証機関
第五十一条(指定)
The designation as provided for in Article 41, paragraph (1), item (i) (hereinafter referred to in this Section as "Designation") is to be made through the application of a person intending to engage in a business to guarantee the obligation to refund earnest money s, etc., received by Real Estate Brokers from buyers in connection with the sale of Building Lots or buildings (hereinafter referred to as "Earnest Money Guarantee Business").
第四十一条第一項第一号の指定(以下この節において「指定」という。)は、宅地又は建物の売買に関し宅地建物取引業者が買主から受領する手付金等の返還債務を保証する事業(以下「手付金等保証事業」という。)を営もうとする者の申請により行う。
A person intending to obtain a Designation must, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, submit an application form on which matters as listed below are stated to the Minister of Land, Infrastructure, Transport and Tourism:
指定を受けようとする者は、国土交通省令の定めるところにより、次に掲げる事項を記載した申請書を国土交通大臣に提出しなければならない。
trade name;
商号
name and addresses of officers;
役員の氏名及び住所
name and locations of the head office, branch offices, and other business offices of the person as specified by Cabinet Order;
本店、支店その他政令で定める営業所の名称及び所在地
amount of capital.
資本金の額
Documents as listed below must be attached to the application form as provided for in the preceding paragraph:
前項の申請書には、次に掲げる書類を添付しなければならない。
articles of association and statement of business procedures;
定款及び事業方法書
business plan in which revenue and expenditure estimates and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism are stated;
収支の見積りその他国土交通省令で定める事項を記載した事業計画書
provisions of an Indemnity Agreement pertaining to the Earnest Money Guarantee Business;
手付金等保証事業に係る保証委託契約約款
other documents as specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
その他国土交通省令で定める書類
The extent of what the guarantee is for; matters relating to the authority of branch offices and other business offices as specified by Cabinet Order; limits on guarantees; limits on the acceptance of guarantees consigned from guarantee consignors; matters relating to the method by which an Indemnity Agreement is to be concluded; matters relating to criteria for rejecting a guarantee consignment; and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism must be stated in a statement of business procedures as provided for in item (i) of the preceding paragraph.
Article 52Designation criteria
第五十二条(指定の基準)
If the Minister of Land, Infrastructure, Transport and Tourism deems that a person who has applied for a Designation falls under any of the following items, said minister must not carry out said Designation:
国土交通大臣は、指定を申請した者が次の各号のいずれかに該当すると認めるときは、その指定をしてはならない。
is not a stock company with fifty million yen or more in capital;
資本金の額が五千万円以上の株式会社でないこと。
in addition to what is as prescribed in the preceding item, does not possess a sufficient financial basis to allow for the smooth intended execution of an Earnest Money Guarantee Business;
the provisions of the articles of association or the contents of the statement of business procedures or business plan contravenes a law or regulations or are insufficient for securing the proper operations of the business;
定款の規定又は事業方法書若しくは事業計画書の内容が法令に違反し、又は事業の適正な運営を確保するのに十分でないこと。
the contents of the provisions of an Indemnity Agreement pertaining to the Earnest Money Guarantee Business do not conform to standards as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
手付金等保証事業に係る保証委託契約約款の内容が国土交通省令で定める基準に適合しないこと。
the Designation of the person was rescinded pursuant to the provisions of Article 62, paragraph (2), and five years has not yet passed from the date of said rescission;
a person who has been sentenced to a fine or a heavier punishment as a result of having contravened a provision of this Act was and whom five years have not yet passed from the date on which the person finished serving the sentence or to its enforcement;
この法律の規定に違反して罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から五年を経過しないこと。
an officer who falls under any of the following:
役員のうちに次のいずれかに該当する者のあること。
a person who is subject to an order of commencement of bankruptcy proceedings and has not had their rights restored;
破産手続開始の決定を受けて復権を得ない者
a person who has been sentenced to imprisonment or a heavier punishment, and for whom five years have not yet passed from the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
拘禁刑以上の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない者
a person who has been sentenced to the punishment of a fine as a result of having contravened a provision of this Act or the Act on Prevention of Unjust Acts by Organized Crime Group Members or committed a crime under Article 204, 206, 208, 208-2, 222, or 247 of the Penal Code or a crime under the Act on the Punishment of Physical Violence and Other Acts and for whom five years have not yet passed from the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
この法律若しくは暴力団員による不当な行為の防止等に関する法律の規定に違反したことにより、又は刑法第二百四条、第二百六条、第二百八条、第二百八条の二、第二百二十二条若しくは第二百四十七条の罪若しくは暴力行為等処罰に関する法律の罪を犯したことにより、罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない者
a person who, in a case in where a person who has obtained a Designation (hereinafter referred to in this Section as "Designated Guarantee Agency") has been subject to a rescission of Designation pursuant to the provisions of Article 62, paragraph (2), was an officer belonging to said Designated Guarantee Agency at any time within sixty days prior to the public notification of the date and location of hearings pertaining to said rescission and for whom five years have not yet passed from the date of said rescission.
a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being unable to properly carry on Earnest Money Guarantee Business due to a mental or physical disability.
心身の故障により手付金等保証事業を適正に営むことができない者として国土交通省令で定めるもの
Article 53Notification of change
第五十三条(変更の届出)
If there has been a change to a matter as listed in any of the items of Article 51, paragraph (2), or document as listed in item (i) or (iii) of paragraph (3) of the same article, a Designated Guarantee Agency must, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, notify the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism within two weeks.
Article 54Rescission of Designation based on the non-commencement or suspension of business
第五十四条(事業の不開始又は休止に基づく指定の取消し)
If, in addition to a case in which a Designation is rescinded pursuant to the provisions of Article 62, paragraph (2), a Designated Guarantee Agency does not commence an Earnest Money Guarantee Business within three months from the date on which it obtains a Designation or suspends said Earnest Money Guarantee Business for a continuous period of three or more months, the Minister of Land, Infrastructure, Transport and Tourism may rescind the Designation of said Designated Guarantee Agency.
The provisions of Article 16-15, paragraphs (3) through (5), apply mutatis mutandis to any hearing pertaining to a disposition under the preceding paragraph.
第十六条の十五第三項から第五項までの規定は、前項の規定による処分に係る聴聞について準用する。
Article 55Notification of closure
第五十五条(廃業等の届出)
If a Designated Guarantee Agency comes to fall under any of the following items, the person as specified in the applicable item must provide a notification of the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism within two weeks:
指定保証機関が次の各号のいずれかに該当することとなつた場合においては、当該各号に定める者は、二週間以内に、その旨を国土交通大臣に届け出なければならない。
if the Designated Guarantee Agency becomes extinct by merger:the person who was an officer representing the extinguished company;
合併により消滅した場合 消滅した会社を代表する役員であつた者
if the Designated Guarantee Agency has dissolved due to an order of commencement of bankruptcy proceedings:the bankruptcy trustee for said Designated Guarantee Agency;
破産手続開始の決定により解散した場合 その破産管財人
if the Designated Guarantee Agency has dissolved other than by merger or an order of commencement of bankruptcy proceedings:the liquidator for said Designated Guarantee Agency;
合併又は破産手続開始の決定以外の理由により解散した場合 その清算人
if the Earnest Money Guarantee Business has been discontinued:the officer representing said company.
手付金等保証事業を廃止した場合 その会社を代表する役員
If a notification has been submitted pursuant to the provisions of any of items (ii) through (iv) of the preceding paragraph, the Designation ceases to be effective.
前項第二号から第四号までの規定により届出があつたときは、指定は、その効力を失う。
Article 56Restrictions on additional operations
第五十六条(兼業の制限)
A Designated Guarantee Agency must not engage in business other than the Earnest Money Guarantee Business; provided, however, that this shall not does not apply to engagement in business that is found not interfere with the protection of the buyer's interests, if this has been approved by the Minister of Land, Infrastructure, Transport and Tourism.
If a Designated Guarantee Agency has obtained a Designation as provided for in Article 41-2, paragraph (1), item (i), it is deemed to have obtained the approval as provided for in the proviso of the preceding paragraph.
指定保証機関が第四十一条の二第一項第一号の指定を受けたときは、前項ただし書の承認を受けたものとみなす。
Article 57Posting of a liability reserve
第五十七条(責任準備金の計上)
A Designated Guarantee Agency must post the larger amount as listed in the following as a liability reserve for each business year, if there is a guarantee agreement which is still in effect as of the end of a business year:
指定保証機関は、事業年度末においてまだ経過していない保証契約があるときは、次に掲げる金額のうちいずれか多い金額を、事業年度ごとに責任準備金として計上しなければならない。
amount equivalent to the sum of the guarantee charges corresponding to the guarantee period under said guarantee agreement that remains in effect;
当該保証契約の保証期間のうちまだ経過していない期間に対応する保証料の総額に相当する金額
amount equivalent to the sum of the guarantee charges obtained during said business year, the net of the guarantee money paid based on the guarantee agreement pertaining to said guarantee charges (excluding revenue money obtained from guarantee consignors based on the payment of said guarantee money); outstanding claims reserves that should be accumulated for the guarantee agreement pertaining to said guarantee charges; and the sum of business expenses for said business year, that remains after deduction from the corresponding amount
当該事業年度において受け取つた保証料の総額から当該保証料に係る保証契約に基づいて支払つた保証金(当該保証金の支払に基づく保証委託者からの収入金を除く。)、当該保証料に係る保証契約のために積み立てるべき支払備金及び当該事業年度の事業費の合計額を控除した残額に相当する金額
If a Designated Guarantee Agency posts a liability reserve pursuant to the provisions of the preceding paragraph, the amount posted is to include the amount of losses for the purpose of calculating the amount of income posted thereby for the corresponding business year under the Corporation Tax Act (Act No. 34 of 1965).
The amount of the liability reserve included in the amount of losses pursuant to the provisions of the preceding paragraph is to include the amount of profits for the purpose of calculating the amount of income posted thereby for the following business year under the Corporation Tax Act.
前項の規定により損金の額に算入された責任準備金の金額は、法人税法の規定によるその翌事業年度の所得の金額の計算上、益金の額に算入する。
Article 58Accumulation of an outstanding claims reserve
第五十八条(支払備金の積立て)
If there is an amount as listed in any of the following items, a Designated Guarantee Agency must accumulate the corresponding amount as listed in said each item as an outstanding claims reserve in each settlement term:
指定保証機関は、決算期ごとに、次の各号の一に掲げる金額がある場合においては、支払備金として当該各号に掲げる金額を積み立てなければならない。
if there is any guarantee money or other amount that should be paid based on a guarantee agreement for which payment will not be completed within the settlement term, the amount thereof;
保証契約に基づいて支払うべき保証金その他の金額のうちに決算期までにその支払が終わらないものがある場合においては、その金額
if there is any guarantee money or other amount for which it is deemed that the obligation to pay based on a guarantee agreement has arisen, the amount for which it is deemed that payment is required;
保証契約に基づいて支払う義務が生じたと認められる保証金その他の金額がある場合においては、その支払うべきものと認められる金額
if there is any guarantee money or other amount that has not been paid given that a suit in connection therewith is currently pending, the amount thereof.
現に保証金その他の金額について訴訟が係属しているために支払つていないものがある場合においては、その金額
Article 59Payment guarantee fund
第五十九条(保証基金)
A Designated Guarantee Agency must, pursuant to the provisions of its articles of association, set up a payment guarantee fund.
指定保証機関は、定款の定めるところにより、保証基金を設けなければならない。
If a Designated Guarantee Agency is unable to pay a guarantee obligation out of its liability reserve, it may use its payment guarantee fund only for allocation to repayment of said guarantee obligation.
指定保証機関は、責任準備金をもつて保証債務を支払うことができない場合においては、当該保証債務の弁済に充てる場合に限り、保証基金を使用することができる。
If the sum of the amounts of guarantee obligations pertaining to an Indemnity Agreement to be concluded by and between a Designated Guarantee Agency and a Real Estate Broker exceeds an amount as specified by Cabinet Order, said Designated Guarantee Agency is not to conclude said Indemnity Agreement.
第六十一条(改善命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary and appropriate to protect the interests of a buyer where a Designated Guarantee Agency comes to fall under the provisions of any of Article 52, items (ii) through (iv), said minister may order said Designated Guarantee Agency to take measures required for the amelioration of the status of property or the operations of the business thereof to the extent of said necessity.
国土交通大臣は、指定保証機関が第五十二条第二号から第四号までの規定に該当することとなつた場合において、買主の利益を保護するため必要かつ適当であると認めるときは、その必要の限度において、当該指定保証機関に対し、財産の状況又はその事業の運営を改善するため必要な措置を執るべきことを命ずることができる。
Article 62Rescission of designation
第六十二条(指定の取消し等)
If a Designated Guarantee Agency falls under any of the following items or contravenes a provision of this Act, the Minister of Land, Infrastructure, Transport and Tourism may issue instructions as necessary to said Designated Guarantee Agency:
国土交通大臣は、指定保証機関が次の各号の一に該当する場合又はこの法律の規定に違反した場合においては、当該指定保証機関に対して、必要な指示をすることができる。
when damage is caused or there is a significant risk that damage will be caused to a person concerned with an Earnest Money Guarantee Business;
手付金等保証事業に関しその関係者に損害を与えたとき、又は損害を与えるおそれが大であるとき。
when acts in bad-faith are committed in connection to an Earnest Money Guarantee Business;
手付金等保証事業に関し不誠実な行為をしたとき。
when the Designated Guarantee Agency is deemed inappropriate as a Designated Guarantee Agency for having contravened another law or other regulations in connection with an Earnest Money Guarantee Business.
If a Designated Guarantee Agency falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the Designation of said Designated Guarantee Agency or order said Designated Guarantee Agency to suspend its Earnest Money Guarantee Business in whole or in part for a prescribed period not longer than six months:
when the Designation was obtained by unlawful means;
不正の手段により指定を受けたとき。
when the Designated Guarantee Agency comes to fall under Article 52, item (i), (vi), or (vii);
when the Designated Guarantee Agency fails to provide a notification under Article 53;
第五十三条の規定による届出を怠つたとき。
when no notification under Article 55, paragraph (1), has been submitted and a fact falling under any of items (ii) through (iv) of the same paragraph is ascertained;
第五十五条第一項の規定による届出がなくて同項第二号から第四号までの一に該当する事実が判明したとき。
when the Designated Guarantee Agency engages in business other than the Earnest Money Guarantee Business in contravention of the provisions of Article 56, paragraph (1);
when the Designated Guarantee Agency concludes an Indemnity Agreement in contravention of the provisions of Article 60;
when the Designated Guarantee Agency contravenes an amelioration order under the preceding article;
前条の規定による改善命令に違反したとき。
When the Designated Guarantee Agency fails to follow instructions under the preceding paragraph;
前項の規定による指示に従わなかつたとき。
when the Designated Guarantee Agency contravenes a disposition of the Minister of Land, Infrastructure, Transport and Tourism based on the provisions of this Act.
この法律の規定に基づく国土交通大臣の処分に違反したとき。
If the Minister of Land, Infrastructure, Transport and Tourism intends to issue necessary instructions pursuant to the provisions of paragraph (1) or an order to suspend the Earnest Money Guarantee Business in whole or in part pursuant to the provisions of the preceding paragraph, said minister must hold a hearing irrespective of the classification of procedures for stating opinions under Article 13, paragraph (1), of the Administrative Procedures Act.
国土交通大臣は、第一項の規定により必要な指示をし、又は前項の規定により手付金等保証事業の全部若しくは一部の停止を命じようとするときは、行政手続法第十三条第一項の規定による意見陳述のための手続の区分にかかわらず、聴聞を行わなければならない。
The provisions of Article 16-15, paragraphs (3) through (5), is to apply mutatis mutandis to any hearing that pertains to a disposition under paragraph (1) or (2).
第十六条の十五第三項から第五項までの規定は、第一項又は第二項の規定による処分に係る聴聞について準用する。
Article 63Submission of a business report
第六十三条(事業報告書等の提出)
A Designated Guarantee Agency must, prior to the commencement of each business year, prepare a business plan in which revenue and expenditure estimates and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism are stated and submit it to the Minister of Land, Infrastructure, Transport and Tourism.
指定保証機関は、毎事業年度開始前に、収支の見積りその他国土交通省令で定める事項を記載した事業計画書を作成し、国土交通大臣に提出しなければならない。
If a Designated Guarantee Agency changes a matter as stated in a business plan, it must, without delay, provide a notification of the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism.
指定保証機関は、事業計画書に記載した事項を変更したときは、遅滞なく、その旨を国土交通大臣に届け出なければならない。
A Designated Guarantee Agency must, for each business year, prepare a business report according to a format as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and submit it to the Minister of Land, Infrastructure, Transport and Tourism within three months after the end of each business year.
指定保証機関は、事業年度ごとに、国土交通省令で定める様式による事業報告書を作成し、毎事業年度経過後三月以内に、国土交通大臣に提出しなければならない。
Article 63-2Reports and inspections
第六十三条の二(報告及び検査)
If the Minister of Land, Infrastructure, Transport and Tourism deems it necessary to secure the proper operations of an Earnest Money Guarantee Business, said minister may issue an order to a Designated Guarantee Agency to have a report or materials concerning the operations thereof submitted, or have said ministers officials enter the location where the operations thereof are carried out and inspect the status of operations or properties or the books, documents, and other materials and objects relating to operations.
An official conducting an on-site inspection pursuant to the provisions of the preceding paragraph must carry personal identification and present said identification if requested to do so by a concerned person.
前項の規定により立入検査をする職員は、その身分を示す証明書を携帯し、関係人の請求があつたときは、これを提示しなければならない。
The authority to conduct an on-site inspection under paragraph (1) must not be interpreted as having been accorded for the purpose of a criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解してはならない。
Section 4 Designated Custodian
第四節 指定保管機関
第六十三条の三(指定等)
The designation as provided for in Article 41-2, paragraph (1), item (i), (hereinafter referred to in this Section as "Designation") is to be made through the application of a person intending to engage in a business to receive earnest money , etc., on behalf of Real Estate Brokers and retain money of amounts equivalent to the amounts of earnest money, etc., received by said Real Estate Brokers in connection with the sale of Building Lots or buildings (excluding any sale as prescribed in Article 41, paragraph (1)) (hereinafter referred to as " Earnest Money Safekeeping Business").
第四十一条の二第一項第一号の指定(以下この節において「指定」という。)は、宅地又は建物の売買(第四十一条第一項に規定する売買を除く。)に関し、宅地建物取引業者に代理して手付金等を受領し、当該宅地建物取引業者が受領した手付金等の額に相当する額の金銭を保管する事業(以下「手付金等保管事業」という。)を営もうとする者の申請により行う。
The provisions of the preceding Section (excluding Article 51, paragraph (1); Articles 57 through 60; and Article 62, paragraph (2), item (vi)) is to apply mutatis mutandis to a Designated Custodian. In such a case, "Cabinet Order" as referred to in Article 51, paragraph (2), item (iii), is read as "an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism"; "provisions of an Indemnity Agreement" as referred to in paragraph (3), item (iii) of the same article and Article 52, item (iv), is read as "provisions of an Earnest Money Deposition Agreement"; "The scope of the guarantee purpose; matters relating to the authority of branch offices and other business offices as specified by Cabinet Order; limits on guarantees; limits on the acceptance of guarantees consigned from guarantee consignors; matters relating to the method by which an Indemnity Agreement is to be concluded; matters relating to criteria for rejecting a guarantee consignment" as referred to in Article 51, paragraph (4), is read as "Matters relating to the retention of earnest moneys , etc."; "pursuant to the provisions of [...]" as referred to in Article 52, items (v) and (vii)(d), is read as "pursuant to the provisions of [...] or Article 64, paragraph (1)"; "document" as referred to in Article 53 is read as "document (excluding a statement of business procedures)"; and "Article 41-2, paragraph (1), item (i)" as referred to in Article 56, paragraph (2), is read as "Article 41, paragraph (1), item (i)".
前節(第五十一条第一項、第五十七条から第六十条まで及び第六十二条第二項第六号を除く。)の規定は、指定保管機関について準用する。この場合において、第五十一条第二項第三号中「政令」とあるのは「国土交通省令」と、同条第三項第三号及び第五十二条第四号中「保証委託契約約款」とあるのは「手付金等寄託契約約款」と、第五十一条第四項中「保証の目的の範囲、支店及び政令で定めるその他の営業所の権限に関する事項、保証限度、各保証委託者からの保証の受託の限度、保証委託契約の締結の方法に関する事項、保証の受託の拒否の基準に関する事項」とあるのは「手付金等の保管に関する事項」と、第五十二条第五号及び第七号ニ中「の規定により」とあるのは「又は第六十四条第一項の規定により」と、第五十三条中「書類」とあるのは「書類(事業方法書を除く。)」と、第五十六条第二項中「第四十一条の二第一項第一号」とあるのは「第四十一条第一項第一号」と読み替えるものとする。
Article 63-4Changing a statement of business procedures
第六十三条の四(事業方法書の変更)
If a Designated Custodian intends to change a statement of business procedures as provided for in Article 51, paragraph (3), item (i), as applied mutatis mutandis pursuant to paragraph (2) of the preceding article, the Designated Custodian must obtain the approval of the Minister of Land, Infrastructure, Transport and Tourism.
指定保管機関は、前条第二項において準用する第五十一条第三項第一号の事業方法書を変更しようとするときは、国土交通大臣の認可を受けなければならない。
Article 63-5Retention of trust money
第六十三条の五(寄託金保管簿)
A Designated Custodian must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, prepare a trust money safekeeping book, state therein matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, and retain said book.
指定保管機関は、国土交通省令で定めるところにより、寄託金保管簿を備え、国土交通省令で定める事項を記載し、これを保存しなければならない。
Article 64Rescission of designation
第六十四条(指定の取消し等)
If, in addition to a case in which a Designation is rescinded pursuant to the provisions of Article 54, paragraph (1), or Article 62, paragraph (2), as applied mutatis mutandis pursuant to Article 63-3, paragraph (2), a Designated Custodian falls under either of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the Designation of said Designated Custodian or order said Designated Custodian to suspend its Earnest Money Safekeeping Business in whole or in part for a prescribed period not longer than six months:
when the Designated Custodian engages in an Earnest Money Safekeeping Business without complying with a statement of business procedures as provided for in Article 51, paragraph (3), item (i), as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) (including that which is approved under Article 63-4; the same is to apply in Article 82);
第六十三条の三第二項において準用する第五十一条第三項第一号の事業方法書(第六十三条の四の規定による認可を受けたものを含む。第八十二条において同じ。)によらないで手付金等保管事業を営んだとき。
when the Designated Custodian, in contravention of the provisions of the preceding article, fails to prepare a trust money safekeeping book, fails to state matters as prescribed in the same article, makes a false statement in said trust money safekeeping book, or fails to retain said trust money safekeeping book.
If the Minister of Land, Infrastructure, Transport and Tourism intends to order the suspension of an Earnest Money Safekeeping Business in whole or in part pursuant to the provisions of the preceding paragraph, said minister must hold a hearing irrespective of the classification of procedures for stating opinions under Article 13, paragraph (1) of the Administrative Procedures Act.
国土交通大臣は、前項の規定により手付金等保管事業の全部又は一部の停止を命じようとするときは、行政手続法第十三条第一項の規定による意見陳述のための手続の区分にかかわらず、聴聞を行わなければならない。
The provisions of Article 16-15, paragraphs (3) through (5), does apply mutatis mutandis to any hearing that pertains to a disposition under paragraph (1).
第十六条の十五第三項から第五項までの規定は、第一項の規定による処分に係る聴聞について準用する。