What is a 'jiko bukken' (stigmatized property)? Are real estate agents obligated to disclose such information? How can I inquire?

Okay, no problem. Let me break down Japan's "jiko bukken" (stigmatized property) for you, keeping it as straightforward as possible.

What is "Jiko Bukken" (Stigmatized Property)?

Simply put, a "jiko bukken" is a property where something "unlucky" happened within the building or its immediate grounds, potentially causing psychological discomfort or aversion for future occupants. In Japan, this is legally categorized as a "psychological defect".

Think of it like buying a car: if a car was in a major accident, even if repaired, it's an "accident car" and its value drops. Buyers have a right to know. The same principle applies to houses.

"Jiko bukken" mainly includes the following situations:

Homicide, Suicide, Accidental Death: This is the most typical. Examples include murders occurring in the house, someone hanging themselves, or deaths from accidents like fires, gas poisoning, or fatal falls.
"Lonely Death" with Delayed Discovery: A "lonely death" itself (e.g., an elderly person passing naturally) isn't necessarily classified. However, if the body remains undiscovered for a long time, leading to decomposition and requiring special cleaning, disinfection, and deodorization, this creates significant psychological impact for future occupants and thus qualifies as a jiko bukken.
Directly Visible Undesirable Facilities: While less common, if undesirable facilities that cause discomfort to most people – like a cemetery, crematorium, or waste disposal plant – are directly visible from the property's windows, it might also be deemed to have a "psychological defect".
Presence of Organized Crime Offices Nearby: This can also cause unease for residents and falls under the broader definition of jiko bukken.

In a nutshell: Any historical event that might make you think "living here gives me the creeps or feels uncomfortable" could turn a property into a "jiko bukken".

Are Real Estate Agents Obligated to Disclose This Information?

Answer: Yes! And it's a legal requirement.

This obligation is clearly stipulated in Japan's "Real Estate Transaction Business Act" (equivalent to real estate transaction management laws) as the "duty to disclose".

Core Principle: Real estate agents must explain important matters that could influence a buyer's (or tenant's) decision beforehand. A "jiko bukken" is clearly an "important matter" that significantly affects a buyer's willingness to purchase and the purchase price.
What if they don't disclose? If an agent intentionally conceals it, this is illegal. Buyers who discover this after signing the contract or even after moving in can demand accountability from the agent or landlord, such as contract cancellation or compensation.

Details about the "Duty to Disclose":

Is there a time limit? This was once a gray area, but Japan issued new guidelines in 2021 for clarity:
- For Sales: There is no statute of limitations. Whether homicide, suicide, or other unnatural death, regardless of how many years have passed, if the agent knows, they must inform the buyer.
- For Rentals: Generally, there is a mandatory disclosure period of 3 years after the event. Natural deaths (e.g., death from illness discovered promptly) do not require disclosure.
Does "Whitewashing" Still Work? Previously, there was a notion that if someone (like an agency employee) rented the property after the incident, it could then be rented or sold to the next person without disclosure. This was called "whitewashing". Under the new guidelines, this practice no longer works for sales; the agent still has a duty to disclose.

So, you can be assured that reputable real estate agents absolutely will not dare to lie about this.

How to Check?

While agents have a duty to disclose, it never hurts to be cautious as a buyer. What if you encounter an unreliable agent? Proactive checking gives you peace of mind. Here are some very practical methods:

1. The Most Direct Method: Ask Directly!

During viewings and consultations, don't hesitate – ask the agent point-blank. You can use phrases like:

“この物件は事故物件ではありませんか？” (kono bukken wa jiko bukken dewa arimasen ka?) - “This property isn't a jiko bukken, is it?”
“過去にこの部屋で自殺や事件などはありましたか？” (kako ni kono heya de jisatsu ya jiken nado wa arimashita ka?) - “Have there been any suicides or incidents in this room in the past?”
“心理的瑕疵はありますか？” (shinriteki kashi wa arimasu ka?) - “Are there any psychological defects?” (This is the most professional way to ask)

Listen to the agent's answer and observe their reaction. A good agent will tell you everything they know honestly.

The Most Crucial Step: Before signing the contract, the agent will give you a legally binding document called the "Explanation of Important Matters" (Jūyō Jikō Setsumeisho) and explain it item by item. You must confirm that the section regarding "psychological defects" clearly states "None" (無 / なし). If the agent says "no" verbally but the document is blank or vague on this point, be wary.

2. Use a Specialized Website: Oshimaland (大島てる)

This is a very famous website for publicizing jiko bukken, widely known in Japan.

URL: https://www.oshimaland.co.jp/
Features: It's a map-based site marking locations of incidents with flame icons. You can search by address or browse the map for areas of interest. Clicking an icon shows the type of incident, date, and a brief description.
Important Notes: The site relies mainly on user submissions. While it has vast information, it's not 100% accurate and may have omissions. Therefore, it's an excellent reference tool but should not be your sole source of information.

3. Observe the Price

If a property's sale price or rent is suspiciously low compared to similar properties nearby, and there are no other obvious drawbacks (like poor orientation, bad floor level, or outdated fixtures), you should be suspicious. Unusually cheap prices often have a reason, and jiko bukken is one of the most common causes.

4. Ask Around

If your Japanese is good, try the traditional approach:

Ask the neighbors: Before or after a viewing, chat with neighbors on the same floor or nearby. Casually ask something like, "I really like this place, I wonder what the previous residents were like?" Neighbors often know about such things.
Ask the building manager or local shopkeepers: The apartment manager (kanrinin-san) or owners of nearby convenience stores or small restaurants are usually the people who know an area best.

Hope this information helps! Buying property in Japan is a big deal; doing your homework ensures a more secure purchase.