Hello, this is CPM Hasegawa from Conspi.
At last,
On May 20, the Ministry of Land, Infrastructure, Transport and Tourism released its first "Draft Guidelines for Accident Properties."
It has been made public.
The official name of the draft guidelines is
"Guidelines for Real Estate Brokers' Handling of Psychological Defects Related to Death"
Until now, under the Real Estate Transactions Act,
If you think it will affect the buyer or tenant's decision to enter into a contract,
There is only a provision that requires notification,
There were no clear standards in place for how it should be handled.
In other words, different procedures are at the discretion of each business operator and site.
That would be trouble...
Different dealers have different ways of dealing with accident properties.
On the other hand, providing too much information
There were also cases where facilities were reluctant to allow elderly people to move in due to fear of death.
There have been cases where sellers have been sued for breaching their duty to explain.
The Ministry of Land, Infrastructure, Transport and Tourism established a study group in February last year and compiled a draft guideline based on legal precedents and trade practices.
This has now been made public.
To summarise the main points of the guidelines:
●The target real estate is for residential use only; offices, etc. are excluded.
In principle, notification is required in the case of homicide, suicide, or accidental death, but in the case of natural deaths
There is no obligation to disclose this information because "90% of deaths that occur at home are due to old age or illness," which is common.
●The notification period is approximately three years from the occurrence of the accident.
Real estate agents acting as intermediaries for properties will investigate whether there are any issues with landlords through notices and other means, and provide the information to buyers/tenants.
In the case of natural death, notification is not required, but if the body is left unattended for a long period of time,
In principle, if odors or insects occur (if so-called special cleaning is required), notification is required.
Something like that.
There's still plenty of room to work out the details,
Compared to the no rules so far,
I think it would be easier to settle things if there were a "standard".
That's my honest opinion.
If there is a problem without a standard,
The parties involved end up engaging in an emotional argument.
Although it is still in the "proposal" stage,
I think the announcement by the Ministry of Land, Infrastructure, Transport and Tourism is a big step forward.
That's what I personally think.
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The person who wrote this blog
CPM Yusuke Hasegawa
CPM (Certified Professional Property Manager) certified professionals will provide easy-to-understand explanations on a variety of topics.