Sanno Park Tower 12F (Reception) and 14F,
11-1, Nagatacho 2-chome, Chiyoda-ku,
Tokyo 100-6114, Japan

Tokyo Metro Ginza Line: G06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Nanboku Line: N06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Chiyoda Line: C07 Kokkai-gijido-mae Station, Exit 5 (3 minutes’ walk)

Tokyo Metro Marunouchi Line: M14 Kokkai-gijido-mae Station, Exit 5 (10 minutes’ walk through Chiyoda Line platform)



Kenji Sarukura delivered a lecture regarding the duty of explanation and liability for non-conformity of real estate sellers and agents.

Practice Areas


Cases of Questionable Performance of the Duty of Explanation/Liability for Non-Conformity by Real Estate Sellers/Agents, and Points to Note

Host: Financial Management Forums, Inc.
Date: Wednesday, January 12, 2022, 13:30 – 16:30
Venue: Online or Seminar Room in Greenhill Bldg. (10-8, Nihonbashi-Kayabacho 1-chome, Chuo-ku, Tokyo)
Lecturer: Kenji Sarukura

When selling or brokering the sale of land or a building, a failure to provide appropriate explanation of any defects of the property often results in a breach of the duty of explanation, liability for non-conformity or warranty against defects. However, it is not always clear in what cases and to what extent the investigation and the explanation are required.

In this seminar, the lecturer presents various cases of breach of the obligation to investigate or explain, and illustrates actions that need to be taken by the sellers/agents.


  1. Cases where the obligation to explain and/or investigate defects in real property arises
    (1) Seller’s obligations and cases of breaches
    (2) Real estate agent’s obligations and cases of breaches
    (3) Points to note in the investigation
  2. Misunderstanding regarding liability for non-conformity
    (1) Differences between non-conformity and defect warranty
    (2) Psychological defect/disclosure guidelines
    (3) Means for exercising rights to liability for non-conformity (advantageous to purchasers)
  3. Matters to note regarding sales contract clauses
    (1) Typical contract clauses (non-conformity, damages, termination, etc.)
    (2) As-is clause and seller’s exemption
    (3) Acceptance of notified matters clause (representation of exemption from or non-existence of specified defects)
    (4) Cases where the seller’s exemption clause is held invalid
    (5) Representations and warranties (summary)