Question from a reader:
If I accidentally buy a property with legal defects, will I be unable to live in it? I’m worried about what to do if the building coverage ratio is exceeded.

What to Do If You Buy a Property with Legal Defects?

Recently, I received a question from a reader: “If I accidentally buy a property with legal defects,
will I be unable to live in it? I’m worried about what to do if the building coverage ratio is exceeded.” Such cases are surprisingly common, and many people may face similar situations. Through my part-time job at a judicial scrivener’s office, I have seen many cases related to these issues. This time, I would like to provide some specific advice based on that experience.

What Are Legal Defects?

First, let’s review the term “legal defects.” Legal defects refer to a state in which a property does not meet legal standards. For example, if the building coverage ratio is exceeded, there may be issues such as the building not being constructed properly or lacking building confirmation. Properties with such defects usually indicate that there are legal problems.

Can You Live in It?

To conclude, it is sometimes possible to live in a property with legal defects, but it comes with significant risks. For instance, a property with an exceeded building coverage ratio is considered illegal construction under the law, which means there is a possibility of a demolition order being issued in the future. In this case, the buyer would bear a considerable risk. As a specific case, let me share a story about a friend of mine. He purchased an old apartment in Tokyo. The property itself was attractive and reasonably priced, so he decided to buy it immediately. However, after further investigation, it was revealed that the building coverage ratio was exceeded. At first, he thought, “Well, I can live there, so it should be fine,” and remained optimistic. However, as time passed, he began to encounter problems related to the ownership of the apartment and issues with neighboring residents. Ultimately, he was forced to demolish the property due to legal issues, resulting in significant losses.

What to Do If You Purchase a Property with Legal Defects

So, what should you do if you end up purchasing a property with legal defects? Here are some steps to consider.

1. Consult an Expert

The first thing you should do is consult an expert—especially a judicial scrivener or lawyer. Legal issues can be very complex, and a single misunderstanding can lead to significant trouble. By seeking help from an expert, you can understand your rights and clarify how to proceed.

2. Confirm the Nature of the Defects

Next, it is crucial to specifically confirm what legal defects exist in the property. You need to determine whether the building coverage ratio is exceeded or if there are other issues. Request an investigation from an expert to understand the nature of the defects.

3. Consider Improvement Measures

Once the defects are confirmed, it is important to consider improvement measures. For example, to resolve an exceeded building coverage ratio, it may be necessary to renovate part of the building. While such improvements can incur costs, considering the long-term perspective, they may be necessary investments to mitigate legal risks.

4. Consider Selling the Property

If improvement measures are difficult or too costly, considering selling the property is also an option. While there is a possibility that the market value may decrease, taking action early can help avoid further losses.

Points to Avoid Purchasing Properties with Legal Defects

Finally, here are some points to keep in mind to avoid purchasing properties with legal defects in the future.

1. Do Not Neglect Preliminary Research

Before purchasing a property, always conduct preliminary research. It is essential to check information related to building confirmation and legal regulations. This can help eliminate the possibility of legal defects in advance.

2. Listen to Expert Opinions

Purchasing real estate is a significant decision that may only happen once in a lifetime. Therefore, I strongly recommend consulting a judicial scrivener or real estate expert. Their experience and knowledge can be a great asset in protecting your future.

3. Check the Property’s History

It is also important to check the property’s history to see what issues it may have had in the past. If the history of the property is unclear, it might be wise to reconsider the purchase.

Conclusion

Purchasing a property with legal defects is extremely risky. Whether you can live in it depends on the situation, but as long as legal issues remain unresolved, you will not be able to live there with peace of mind. By listening to expert opinions and taking appropriate measures, you can protect your rights. Since purchasing property is a major life decision, I hope you will act with caution.