Last spring, the National Association of Realtors in the U.S. announced that it was eliminating its rule on realtor commissions in the wake of settling a suit brought against it by homeseller groups. The main result of the new rules put in place is that commission rates charged to sellers, which formerly hovered around 6 percent, would be done away with. Under that system, the seller often had to pay a commission not only to their own realtor, but to that of the buyer.
Realtor fees are still a normal part of the property transaction in Japan, and also tend to be 6 percent, though in Japan’s case that fee is divided between the buyer and the seller, meaning each side pays their own realtor 3 percent, which is the limit as prescribed by the government. However, on top of this commission realtors charge a flat ¥60,000 per transaction from each party, a fee we’ve never fully understood until we read an article in the Dec. 25 edition of the Asahi Shimbun.
The article covered a new rule that goes into effect this month with regards to information about properties for sale. As background, the article points out that when a property is put on sale, the seller will in all likelihood hire a realtor to manage the sale. The realtor typically sends the information pertaining to the property to the Real Estate Information Network System (REINS), a database that shares such information with member realtors, who can use it to find buyers for the listed properties. However, some realtors do not want to share such information with other realtors, preferring to find potential buyers themselves. In such cases, the REINS listing may say that the sale has been “temporarily suspended.” The reason is obvious. Since it is common for both sides of the transaction in Japan to pay realtor fees, the listing company is hoping to grab the full 6 percent commission allowed by law by being the agent for both the seller and the buyer.
This practice is called ryote torihiki, meaning “charging both parties,” and while it is not illegal, it is clearly a conflict of interest. If the realtor in question represents both sides of the transaction then its incentive will be to keep the price of the property as high as possible in order to maximize its commission. Normally, buyers of properties insist their realtor negotiate the price as low as they can, but in this case the realtor will not do so because it is also representing the seller, who wants to get the highest price possible.
The new regulations require all realtors to register all properties they are representing with REINS, after which they receive a certificate that is passed on to the seller, who can use the QR code on the certificate to check their agent’s REINS page, thus confirming the progress of the sale. As one agent told the Asahi, this move is important because in the past realtors might post false information on the REINS listing in order to discourage other realtors from looking for potential buyers. They would do this by posting an altered floor plan that might show less floor area or otherwise post information that indicated the property was flawed. Meanwhile, the posting realtor would look for buyers on its own with the real information about the property. According to the new rules, any realtor who posts false information would be penalized. The agent who talked to Asahi went on to say that this “exclusionary” practice is one of the reasons why the secondary house market in Japan “doesn’t grow,” since it makes the cost of buying and selling such properties artificially high.
The article was very informative, but while it mentions the ¥60,000 surcharge (+ consumption tax) that realtors regularly attach to the transaction, it doesn’t explain it in detail, so we dug a bit further and came across a real estate blog called Rakumachi that did. What we found was interesting, and a bit surprising.
Apparently, the 3 percent ceiling on commissions is qualified. The 3 percent limit is for properties whose price is above ¥4 million. A realtor can charge up to 5 percent for properties priced at less than ¥2 million, and up to 4 percent for properties priced at less than ¥4 million. Since very few properties in Japan—or, at least, very few properties that a real estate agent will agree to handle—are priced at less than ¥4 million, the higher commission fees would, it seem, never come into play, but the actual procedure is tricky.
Realtors essentially “interpret” these regulations to mean that the first ¥2 million of a sale price extracts a commission of 5 percent, the portion between ¥2 million and ¥4 million extracts 4 percent, and the rest of the price extracts 3 percent. So, in practice, if a property is being sold for ¥20 million, the commission would be ¥100,000 (¥2 million x .05) plus ¥80,000 (¥2 million x .04) plus ¥480,000 (¥16 million x .03), for a total of ¥660,000. If the commission for the entire sale price was set at 3 percent, than the total fee would be ¥600,000. So what realtors do, in order to appear as if they’re applying only the 3 percent commission fee, is charge that fee and then add the surcharge of ¥60,000 to make up the difference. (It always works out to ¥60,000 regardless of the actual price of the house) No one has ever legally challenged this practice, which every real estate agent in Japan employs. As Rakumachi points out, the surcharge is merely a “custom,” and both brokers in a transaction demand it, so if the seller’s agent is also the buyer’s agent, that agent can make even more money. As for the legality, Rakumachi says, “It isn’t clear.”