From kashi tanpo to keiyaku futekigo sekinin: the 2020 reform
Until April 2020, the warranty against hidden defects rested on the concept of kashi tanpo sekinin (瑕疵担保責任, liability for hidden defects). The major reform of the Civil Code (民法, minpō) replaced it with contractual non-conformity liability — keiyaku futekigō sekinin (keiyaku不適合責任).
The change runs deeper than a single word. Before, the debate was whether the defect was "hidden". Now the central question is: does the delivered property conform to what the contract provided (quality, quantity, type)? This approach better protects the buyer, since it focuses on the contract rather than on how concealed the defect was.
A kashi (瑕疵, defect) can be physical (structural cracks, termites shiroari, leaks, asbestos), legal (undeclared easement, non-rebuildable saikenchiku fuka property) or psychological (事故物件, jiko bukken, a home where a death occurred). Understanding these categories is essential before signing: our property purchase checklist for Japan reviews them.
The buyer's remedies: four levers
In case of non-conformity, the law gives the buyer four types of remedy, to be used depending on severity:
- Repair / bringing into conformity (追完請求, tsuikan seikyū): require the seller to fix the defect or deliver a conforming property.
- Price reduction (代金減額請求, daikin gengaku seikyū): obtain a cut proportional to the defect.
- Damages (損害賠償, songai baishō): compensation for the loss suffered.
- Rescission of the contract (keiyaku解除, keiyaku kaijo): cancel the sale if the defect is serious enough.
| Remedy | Japanese term | When to use |
|---|---|---|
| Repair | 追完請求 (tsuikan seikyū) | Repairable defect |
| Price reduction | 代金減額請求 (daikin gengaku seikyū) | Defect not repaired or irreparable |
| Damages | 損害賠償 (songai baishō) | Proven financial loss |
| Rescission | keiyaku解除 (keiyaku kaijo) | Serious defect, contract's purpose defeated |
These remedies are not exclusive: you can, for example, ask for repair and then, failing that, a price reduction.
Deadlines: the one-year countdown
This is where many buyers get caught. The general rule of the new regime requires you to notify the seller of the defect within one year of discovering it (通知, tsūchi, notification) — not after the purchase, but after spotting the problem.
Beware, though: this statutory period can be shortened by contract. In Japanese practice it is very common for the contract to limit the seller's warranty to 2 or 3 months after handover, especially for older properties.
- A professional seller (real estate business) to a private buyer: the law is stricter; the warranty generally cannot be reduced below 2 years from delivery.
- A private seller: freedom of contract dominates; the warranty is often very short, or even excluded (see next section).
The expert reflex: as soon as you get the keys, have the property inspected quickly (home inspection bâtiment状況調査) to reveal defects before the deadline expires. Reporting early, in writing and dated, is decisive.
The trap of genjo yusho ("sold as-is") clauses
The most important clause to spot is genjō yūshō (現状有姿, "in current condition") and, more radically, the warranty exclusion clause (keiyaku不適合責任免責, menseki). It means the seller bears no liability for defects, known or not: you buy the property as it is.
It is extremely common for:
- vacant houses (akiya) and fixer-uppers — see our article on buying an akiya in Japan;
- private sales, inheritances, and quick sales.
One exception protects the buyer: even with an exclusion clause, the seller remains liable for defects they knew about and knowingly concealed (bad faith). But proof is hard.
A common mistake to avoid: signing a genjō yūshō without having the property inspected or reading the mandatory explanatory document (jūyō jikō setsumei). On a cheap akiya, the clause can be acceptable if you budget the renovation; on an expensive property, insist on negotiating it.
Protecting yourself before signing: due diligence and documents
The best warranty is still prevention. Before signing the purchase agreement, mobilise these protections:
The jūyō jikō setsumei (explanatory document)
Delivered by the agent holding the takken (宅建, real estate licence), the jūyō jikō setsumei (jūyō jikō setsumei, explanation of important matters) must disclose known defects, regulatory status (zoning, saikenchiku fuka), and risks (hazard maps). Read it line by line — translated if needed. Details in our dedicated article on the jūyō jikō setsumei.
The technical inspection
A home inspection (bâtiment状況調査, tatemono jōkyō chōsa) by a professional reveals cracks, damp, termites (shiroari) and structural weaknesses. On older properties, check compliance with the 1981 seismic standard (shin taishin) and the natural risks (hazard maps).
The shihō shoshi's role
The shihō shoshi (shihō shoshi, conveyancing lawyer) secures the transfer and checks titles in the property register (tōki). It is a shield against legal defects. All these costs stay contained: in total, budget at most 6% of the price (see property purchase costs in Japan).
Conclusion: put the warranty in the contract, don't improvise
Since 2020, the buyer in Japan is better protected: contractual non-conformity liability (keiyaku futekigō sekinin) replaces the old kashi tanpo and opens four remedies (repair, price reduction, damages, rescission). But everything hinges on the contract: the one-year period after discovery can be heavily shortened, and genjō yūshō "as-is" clauses can strip away almost all warranty.
The golden rule: never sign without reading the jūyō jikō setsumei, having the property inspected, and negotiating the scope of the warranty. On a cheap akiya, an exclusion may be an informed choice; on an expensive property, it should alert you. To secure every clause, from finding the property to receiving the keys, discover our personalised support and compare vetted properties in our hand-picked listings.
Frequently asked questions
What is the hidden-defects warranty in Japan since 2020?
Since the 2020 Civil Code reform, the old kashi tanpo warranty has been replaced by contractual non-conformity liability (keiyaku futekigō sekinin). The question is no longer whether the defect was hidden, but whether the delivered property conforms to what the contract provided.
What remedies does the buyer have for a defect?
Four: require repair or bringing into conformity, ask for a proportional price reduction, claim damages, or rescind the contract if the defect is serious. These remedies can be combined depending on the situation.
What is the deadline to report a hidden defect in Japan?
The general rule requires notifying the seller within one year of discovering the defect. This period can, however, be shortened by contract (often 2 to 3 months for a private seller). A professional seller generally cannot go below 2 years from delivery.
What is a sold as-is clause in Japan?
The genjō yūshō clause (in current condition), often paired with a warranty exclusion, means the seller bears no liability for defects. It is common on akiya and private sales. The seller nonetheless remains liable for defects they knew about and knowingly concealed.
How do you protect against hidden defects before buying?
Read the mandatory explanatory document (jūyō jikō setsumei) carefully, commission a technical building inspection, check the legal status in the property register via the shihō shoshi, and negotiate the scope and duration of the warranty in the contract before signing.
Official sources
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