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.