MoneyInJapan

Japanese property purchase contracts

Contract structure, obligations, deadlines, breach, and professional review.

Direct answers

The purchase agreement (売買契約) sets out obligations, deadlines, breach and cancellation terms, and the financing-condition clause — understand every deadline and the deposit rules, and get professional review before you sign.

Key points

  • The contract sets obligations, deadlines, breach, and cancellation terms.
  • The financing-condition clause governs whether you recover the deposit if a loan fails.
  • Missing a deadline can forfeit a deposit or expose you to liquidated damages.
  • Have a professional review the contract before signing.

Contract structure and obligations

The purchase agreement (売買契約) is the binding document that sets out the parties’ obligations, the payment and closing deadlines, the treatment of breach, and cancellation rights, alongside the financing-condition clause. Every deadline matters: the loan-application and approval deadlines, the closing date, and any deadline for exercising a cancellation right. Missing a deadline can forfeit a deposit or trigger liquidated damages, so map the dates and build in margin.

Professional review before signing

Do not sign a sale contract before you understand the mortgage-condition clause and the deposit rules. The financing-condition clause determines whether the deposit is returned if specified financing fails — and only if the contract’s conditions were met. For anything unusual (leasehold, non-rebuildable, a complex title, or a large transaction), have a professional review the contract before signing. The cost of review is small next to the deposit and the price, and it is the last point at which you can catch a problem cheaply.

Key points to carry away: The contract sets obligations, deadlines, breach, and cancellation terms; The financing-condition clause governs whether you recover the deposit if a loan fails; Missing a deadline can forfeit a deposit or expose you to liquidated damages; Have a professional review the contract before signing. Use the linked guides and calculators for the full decision, and confirm anything material with the lender, a licensed broker, a judicial scrivener, or a tax accountant before you act.

Who this is for

  • Buyers about to sign
  • Anyone with an unusual property or title

What this is not

  • A substitute for a lawyer’s advice on a disputed contract
Important cautions
  • Do not sign before you understand the financing-condition clause and every deadline; a missed deadline can cost the deposit.

Frequently asked questions

What is a financing-condition clause?

A contract term governing cancellation and deposit return if specified financing fails.

Is the deposit always returned if the loan fails?

Only if the contract’s financing-condition clause applies and its requirements were met.

How large is earnest money?

Negotiated; 5–10% is common market practice but not universal.

Sources