Effective October 1, 2026! About the "Leaseback Guidelines"
Housing Loan Problem Support Net This is Aiko Takahashi.
I would like to express my deepest sympathies to everyone affected by the recent Kumamoto earthquake.
My heart aches to think of you spending these anxious days in such severe heat. When I think of those living in the disaster-stricken areas, there is no doubt that they are in a situation far more difficult than the heat we normally experience.
Although there is little I can do right now, I would like to continue doing what I can, one step at a time, starting with donations.
I sincerely pray that peaceful daily life will return to everyone affected as soon as possible.
——-
I have covered leaseback contract troubles many times on this blog (past blogs can be found here). "I thought it was a standard rental agreement, but it was a fixed-term rental agreement, and I was kicked out when the period expired," "The rent went up every time it was renewed, and I couldn't pay it," "I was told I could buy it back, but when the time came, they wouldn't sell it to me"... The number of consultations at consumer affairs centers nationwide has been increasing rapidly over the past few years, and this situation is by no means someone else's problem (the National Consumer Affairs Center website is here).
Amidst this, the Ministry of Land, Infrastructure, Transport and Tourism formulated the "Interpretation and Operational Thinking of the Real Estate Brokerage Act in Housing Leaseback Transactions (Guidelines Concerning Leasebacks)" in July of this year. It has been decided that it will be effective from October 1, 2026. I believe this is a great step forward. In this article, I will break down these new guidelines for you.
Leaseback troubles have doubled in the last few years
A leaseback is a mechanism where a sales contract and a rental agreement are bundled together, allowing you to sell your home, receive the proceeds, and then continue living there as a tenant. By transferring ownership of the house (= it is no longer your own home), you are no longer burdened with fixed asset taxes, but if you continue to live there, you will incur monthly rent, and you will face restrictions different from your "own home", such as not being able to freely renovate. According to an announcement by the National Consumer Affairs Center, the number of consultations regarding leasebacks has almost doubled in the last few years,
from 116 in fiscal year 2022 to 214 in fiscal year 2025. The background to these troubles is the reality that information fundamental to the contract, such as the rent amount, rent increase rules, contract type (standard rental or fixed-term rental), contract period, cancellation conditions, and the division of repair cost burdens, was not sufficiently explained to the seller by the business operator. It is a pattern where the matter is dismissed with "It's written in the contract, so please check it," and later the person says, "That's not what I expected!" or "I wasn't told that!". In response to this situation, these guidelines were established
with the aim of ensuring that real estate agents provide appropriate information and normalizing transactions.
Violations of the law can lead to business suspension orders, license revocation, and in some cases, criminal penalties
These guidelines clarify the interpretation of the existing Real Estate Brokerage Act in accordance with the reality of leaseback transactions. Three main articles are involved.
First, regarding Article 31.
This is a fundamental principle of the Act, which states that real estate agents have an obligation to conduct business "in good faith and with integrity." This will now be firmly applied and interpreted for leaseback transactions as well.
Next, regarding Article 47.
This is the article that prohibits intentionally failing to disclose matters that would have a significant impact on the other party's judgment when soliciting the conclusion of a contract (non-disclosure of facts). The guidelines list in quite some detail what specific information must be disclosed in a leaseback. This includes not only matters related to the sale, but also the rent amount, payment methods, contract period and renewal rules, the distinction between standard and fixed-term rentals, the division of repair costs, and even the possibility of reselling the property to a third party and its impact—exactly the content that people who come to our NPO for consultation say in unison, "I wasn't told about that." If these are intentionally not disclosed, it becomes a violation of the law and can be subject to business suspension orders, license revocation, and in some cases, criminal penalties.
And finally, regarding Article 47-2.
Providing definitive judgments (solicitation such as "It's definitely profitable"), acts that do not give time to consider the contract, intimidating behavior, and persistent solicitation late at night or for long periods have also been explicitly stated as prohibited acts.
"You don't need to read it in detail" will no longer be acceptable
With the enforcement of these guidelines, the stock phrases often used by malicious operators, such as "You don't need to read the details, I've told you most of it," and the practice of throwing the contract at the other party after signing with "It's written in the contract, so please read it," will become difficult to use. By codifying what, when, and how things should be explained, it will be easier for the government to provide guidance and take disciplinary action, and I believe it will also be much easier for consumers to assert, "This was a matter that should have been explained." Of course, just because the guidelines have been created does not mean that the risks of leasebacks themselves will disappear. As it is a sale, cooling-off cannot be used, and it remains true that leaseback appraisal prices tend to be lower than market prices. Even so, I feel that
the fact that the operator's accountability has been shown so concretely is a big step forward.
The parties involved should also have knowledge and not sign until they are satisfied
Consultations regarding malicious contract troubles surrounding leasebacks at our NPO are also on an upward trend. There is no end to cases where elderly people are taken advantage of due to a lack of knowledge or declining judgment, and they let go of their precious "last asset" cheaply. I sincerely hope that the creation of these guidelines will reduce such unscrupulous operators, even if only a little, but this is ultimately just a "guideline."
It does not have legal binding force. As I always say, the minimum knowledge of the parties involved is essential. If you are considering a leaseback, I would like you to check points such as "type of rental agreement," "rent review rules," "cancellation/penalty conditions," and "possibility and conditions of buyback" without hesitation before signing. I strongly hope that you will adopt the stance that the parties involved should also have minimum knowledge and not sign the contract until they are properly satisfied. If you have even the slightest anxiety or concern, please do not hesitate to use our NPO's free consultation service, even after signing, rather than holding it in alone.
◆In January 2026, I served as a lecturer on leasebacks at the Saitama Prefecture Consumer Affairs Consultant Training. For details, please see here.
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