In Japan’s real estate industry, even when something is legally acceptable, long-standing customs and unwritten rules often make it complicated in practice.

One such example is the common practice where the judicial scrivener is designated by the seller’s side broker.

A judicial scrivener is a legal professional responsible for registering the change of property ownership.
Although the cost is borne by the buyer—meaning the buyer is technically the client—many seller-side brokers prefer to appoint a judicial scrivener themselves.

Sometimes this is merely due to personal connections or habitual cooperation, but in other cases, it can involve more problematic issues such as “chukan shoryaku”—a grey-area practice where the seller and legal owner differ, typically for tax-saving purposes during resale between brokers.
While not strictly legal, this type of transaction still occurs frequently in Japan’s real estate market.

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When a judicial scrivener is chosen by the seller’s broker, it is not uncommon for the scrivener to treat the buyer as a secondary party rather than the client.
Such scriveners often prefer to communicate only through the broker instead of directly with the buyer.

For overseas buyers who are not residents of Japan, the experience level of the judicial scrivener becomes especially important—yet, in reality, many have little or no experience dealing with non-resident foreign clients.

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In one of my own cases, the seller’s broker refused to change the designated judicial scrivener.
That scrivener admitted that it was their first time handling a non-resident foreign buyer and even said to me, “I don’t know how to do this, could you teach me?”
Since I am not a judicial scrivener myself, such a question naturally raised doubts about their professionalism and competence.

To make matters worse, when they saw that the buyer’s name contained accent marks, they panicked and claimed that the registration might not be possible.
In fact, Japan’s Legal Affairs Bureau system only supports Japanese characters and the English alphabet.
This means that for buyers whose names include non-English characters, registration using their native alphabet is not possible—but that has absolutely nothing to do with their eligibility to be registered as the property owner.
Registering ownership and using a specific alphabet are two completely separate matters.

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Although judicial scriveners are specialists in registration, their ability to handle cases can vary significantly depending on their experience.
Some provide clear guidance early in the process and promptly instruct buyers on required documents, while others, like in the example above, make fundamental errors.

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When the seller’s side insists on using their designated judicial scrivener, it’s important to explain these potential issues and try to persuade them to work with someone experienced.
If that’s not possible, it’s wise to have contact information for another experienced judicial scrivener ready, in case a change becomes necessary.

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It’s also worth noting that responses from the Legal Affairs Bureau can vary depending on the officer in charge.
Even if documents such as affidavits are prepared according to legally acceptable formats, officials may sometimes request different specifications based on “local practice.”
A competent judicial scrivener should be able to navigate these variations with sound judgment.

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Since many brokers are unaware of the problems and risks caused by this outdated practice, overseas buyers should take the initiative to ask questions and confirm both the judicial scrivener’s experience and the level of support provided by the broker.