If I am not in Japan, can I authorize someone else (such as a lawyer or relative) to handle the property purchase procedures on my behalf using a 'Power of Attorney' (ininjō)?

Okay, no problem! Let me break down your question about "Can someone buy property in Japan on my behalf if I'm not there?" This is actually quite common; many overseas buyers operate this way.

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If I'm not in Japan, can I authorize someone else (like a lawyer or relative/friend) to handle the property purchase using a "Power of Attorney"?

Short answer: Absolutely!

This is a completely legal and very common practice in Japanese real estate transactions. As long as the procedures are complete and the documents are in order, you can fully authorize an agent in Japan to handle everything for you.

Think of the "Power of Attorney" (POA) as a legally binding "authorization letter" or "magic sword." Through this document, you explicitly inform Japanese government agencies, banks, real estate agents, and sellers: "I, Zhang San, hereby authorize Li Si to sign this purchase contract and handle the transfer procedures on my behalf. His/her signature is equivalent to my own."

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What are the core documents?

To manage the process remotely, you primarily need to prepare two key items:

1. Power of Attorney (POA)

   • What is it? This is the core "authorization letter."
   • Who prepares it? Usually, the Japanese real estate agent or the judicial scrivener (a legal professional specializing in real estate registration, similar to a legal clerk/conveyancer) handling the process for you will provide a standard template.
   • What does it contain? It will clearly state:
     • Principal (You): Your name, address, nationality, etc.
     • Agent (Your representative): His/her name, address, contact information.
     • Scope of Authority: This is the most crucial part! It details everything you authorize him/her to do. For example: "Regarding the purchase of the property located at [Full Property Address], Tokyo, the agent is authorized to sign the sales contract, attend the closing/settlement (決済) procedures, receive title documents, etc." The more detailed the scope of authority, the better your protection.

2. Affidavit

   • What is it? This document is critical! Because you are not in Japan and lack a Japanese "Resident Record" (住民票) and "Seal Registration Certificate" (印鑑証明書), you need a substitute to prove to the Japanese Legal Affairs Bureau that "you are you" and that "your signature is genuine."
   • How to get it? You need to take the documents prepared by the judicial scrivener (usually containing your name, address, signature, etc.) to a Notary Public in your country. The notary will verify your identity in person and certify that your signature is authentic. In some cases, this notarized document may also need to be submitted to the Japanese Embassy or Consulate in your country for further authentication (Apostille or Legalization).
   • What does it do? This notarized and authenticated "Affidavit" serves as proof of your identity and signature in Japan and is an essential document for registering the property transfer.

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What is the specific process?

Here's a general outline so you know what to expect:

1. Appoint an Agent: Decide whether to entrust a trusted relative/friend or hire a professional judicial scrivener or lawyer.
2. Prepare Documents: The Japanese judicial scrivener will send you electronic versions of the Power of Attorney and Affidavit.
3. Get Documents Notarized in Your Country: Print the documents, bring your passport/ID, go to a local Notary Public, and sign in front of the notary. The notary will stamp and issue a notarial certificate.
4. (If Required) Embassy/Consulate Authentication: If necessary, submit the notarized documents to the Japanese Embassy or Consulate in your country for final authentication.
5. Mail Documents: Send all the finalized original documents (POA, Affidavit, copy of ID, etc.) via international courier (e.g., DHL, FedEx) to your agent in Japan.
6. Agent Handles Procedures: Your agent, armed with these "magic swords," can then represent you in Japan to sign contracts, make payments at closing, and handle the property registration. Throughout the process, you just need to stay in touch via video call, email, etc., to confirm progress.

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Who is better to entrust? Relative/Friend vs. Lawyer/Judicial Scrivener

My Recommendation: If it's just for a simple task like signing a document, and you have a very trustworthy friend/relative who understands the process somewhat, it might be an option. However, for the entire purchase process, especially involving large fund transfers at closing (決済) and complex legal documents, I strongly recommend paying a professional judicial scrivener or lawyer. This cost is a drop in the bucket compared to the total property price but buys you professionalism, security, and peace of mind.

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Tips from Experience

• Define the Scope of Authority Clearly: In the Power of Attorney, clearly specify the property address and the maximum purchase price to prevent the agent from "improvising."
• Plan Funds Transfer Early: Research well in advance how to transfer the large purchase amount from your country to the designated account in Japan; this is often the most time-consuming step.
• Maintain Close Communication: Whoever you entrust, stay in close contact. Before signing important documents, have the agent send photos or video call you for confirmation to ensure everything remains under your control.

In conclusion, buying property in Japan using a "Power of Attorney" while not physically present is entirely feasible and follows a well-established process. The key is finding a reliable agent and preparing all documents thoroughly. Best of luck with your purchase!