On Agency and Brokerage Services in the Purchase, Sale, and Leasing of Real Estate and the Provision of Personal Information to Third Parties in Connection with Said Services
1. Agency and brokerage services in the purchase, sale, and leasing of real estate
The agency and brokerage services provided by us (CBRE K.K. ) include the following services:
- (1) To search for counterparties to real estate sales agreements or real estate lease agreements, explain important matters regarding the same, and assist customers in making real estate sales agreements and real estate lease agreements,
- (2) To provide information concerning the purchase, sale, and leasing of real estate and brokerage services, management, etc. of real estate,
- (3) To provide customers’personal information to third parties as specified in the following Clause“2. Provision to a third party”within the scope necessary to achieve the purposes specified in Items (1) and (2) above.
- (4) To contact customers by written documents, postal mail, telephone, e-mail, etc. for performing the services specified in Items (1) and (2) above and providing information,
- (5) To maintain personal information, as necessary, in order to reply to inquiries from customers or to achieve the purpose specified in Item (4),
- (6) To maintain personal information as books and as materials for books prescribed under Article 49 of the Building Lots and Buildings Transaction Business Act, and
- (7) To assess the value of real estate in connection with the purchase, sale, lease, etc. of the real estate.
Information on contracted terms, a type of information used for valuation, may be provided to a client receiving brokerage services as “grounds for an opinion” pursuant to the provision of Article 34-2, Paragraph 2 of the Building Lots and Buildings Transaction Business Act.
2. Provision to a third party
In performing the agency and brokerage services in the purchase, sale, and leasing of real estate, we, CBRE K.K., may sometimes provide a third party with requisite information, such as the name of the corporation and department to which the customer belongs, his/her title, name, address, telephone number, e-mail address, and real estate information, by means of written documents, postal mail, telephone, Internet, e-mail, advertising media, and so on. If the individual in question so requests, we will stop providing and cancel all plans to provide the personal information to any third party.
Examples of third parties receiving personal information
Note: Matters, etc. concerning the real estate information network system (“REINS”)
- Counterparty to an agreement, and persons who desire to purchase, sell, or lease the relevant real estate,
- Other real estate transaction operators,
- Real estate information network systems (They perform sales and appraisal activities, etc. using data on property registrations, notices of successful contracts, and their own data)*Please see “Note: Matters, etc. concerning the real estate information network system (“REINS”),
- Individuals, organizations, and advertising agencies who provide property information by written documents or through the Internet,
- Financial institutions engaging in lending, etc.,
- Judicial scriveners, land and house investigators, real estate appraisers, and other professionals engaging in the registration, appraisal, etc. of real estate,
- Real estate management agents, guarantee companies, and
- Credit information institutions and real estate investigation institutions.
The real estate information network system is a public interest corporation designated by the Minister of Land, Infrastructure, Transport and Tourism. The corporation engages in the following businesses prescribed by the Act:
- ⅰ. To conduct matters relating to the registration of building lots or buildings which are the objects of exclusive brokerage contracts or any other contracts related to the building lot and buildings transaction business,
- ⅱ. To provide real estate transaction operators with information concerning building lots or buildings registered according to the preceding Item (i), either periodically or upon receiving requests, and
- ⅲ. In addition to the businesses specified in the preceding two Items, to prepare statistics concerning the information of Item (ii) and to perform other businesses necessary for securing the propriety of transactions of building lots and buildings and for facilitating the smooth distribution of building lots and buildings.
We will take the following actions in accordance with the provisions, etc. of the Building Lots and Buildings Transaction Business Act relating to the REINS.
- If we receive a request for sale and make a brokerage contract with a prospective seller, we will register the property information with the REINS in order to search for a counterparty to the transaction. The property information so registered and the information such as name, address, etc. of the prospective seller will be provided to the REINS members and persons desiring to buy the property.
- When a contract is made for the sale of a registered property, we will report the date of contract, sales price, and other related information to the REINS.
- The REINS will use property information and information on contracted terms (including a summary of the property, contract date, and sales price but not including the names of the seller and buyer) for its businesses prescribed by the Building Lots and Buildings Transaction Business Act. Such use includes the provision of property information and information on contracted terms to the REINS members and public organizations by electronic data, etc.
- In the case of an exclusive brokerage contract (sen-nin baikai keiyaku) or a full-service exclusive brokerage contract (senzoku sen-nin baikai keiyaku), we will register the information with REINS and report to REINS in accordance with the provisions of the Building Lots and Buildings Transaction Business Act.
- A person who desires to buy a property or who will become a buyer can buy the property in accordance with the procedures for REINS as specified in Items (i) through (iv) above.
- When we perform sales activities for the purchase of a property on the basis of REINS’ property information, etc., we will provide the property information to the prospective buyers and at the same time provide the names, addresses, and other information on prospective buyers to the real estate transaction operators engaging in the sales business and also to the prospective sellers. We will refrain from providing personal information, if so requested by a prospective buyer or a prospective seller.
- Upon receiving a request for sale or purchase, we will provide the requesting customer with information on contracted terms obtained from the REINS (not including the names of the seller and buyer) or information on contracted terms obtained from the sales transaction in which we have participated, including the final trading price, as grounds for our opinions to present a sales value, purchase value, or our appraisal value. In such case, we will take actions to block identification of the relevant property. We will refrain from providing this information, if so requested by the customer in question.