Overview
- 139283 m2
Description
Niseko Real Estate is pleased to announce the holding of an intermediary-type Public Tender for the Property detailed below. Prospective bidders who are interested in purchasing the Property, and real estate agencies acting as intermediaries for prospective bidders are invited to contact Niseko Real Estate with any enquiries.
[Summary of the Property to be sold by Public Tender】
Location: Aza Asahi 421-1, 421-2, 421-3, 421-4, 422-1, 422-2, 422-3, 422-4, Kutchan-cho, Abuta-gun, Hokkaido (hereinafter referred to as “the Property”)
Land Area: 139,283 m2 (42,133.10 tsubo)
Minimum Tender Entry:
- Whole Property : no less than USD $40,000,000
- Site A Residential : no less than USD $16,000,000
- Site B Commercial : no less than USD $26,000,000
Land Category: Forest, Plain
【Details on the Public Tender process】
Terms and Conditions of Sale: Sale and purchase of the Property is on an as-is basis (exemption from liability for nonconformity to contract), and the sale and purchase size is according to the government registration paper.
The Property’s boundary confirmation shall be delivered with the boundary stone data taken at the time of actual measurement and there shall be no boundary indication by the Seller.
Bidding Period: From Wednesday, January 25, 2023 to Wednesday, March 15, 2023 at 18:00.
Bidding Method: Bidders are requested to complete the Bidding Form and submit to Niseko Real Estate by email no later than 18:00 JST Wednesday, March 15, 2023.
Site Inspection: Please contact Niseko Real Estate to arrange a date and time to visit the Property.
Bidding by Proxy: Bidders may participate in the bidding process through a real estate company as a proxy.
A real estate company may also participate in the bidding process as an intermediary real estate company for several bidders (corporations and individuals).
In addition, when participating in a bidding without an intermediary real estate company and entering into a contract, the intermediary company on the Buyer’s side is considered to be Niseko Real Estate KK (hereafter referred to as NRE). In such a case, the Buyer will be required to pay NRE agent commissions (calculated as [3% of the Sale Price + 60,000 yen] + Japanese Consumption Tax) as a regular intermediary fee under a mediation contract with NRE.
Selection Method: The highest Bidder whose bid exceeds the minimum tender entry amount will win the bidding (negotiation) right. The bid price cannot be renegotiated or readjusted.
The successful Bidder will have the right to proceed with the contract in a preferential manner, but is not guaranteed to be able to purchase the Property. A separate purchase agreement must be executed upon mutual consent of the successful Bidder and the Seller.
Selection Conditions: At the end of the Bidding Period, should two or more Bidders tie with the highest bid, the Bidding Period will be extended for the exclusive participation of any tied Bidders. Final bids of this extended Bidding Period will be accepted until 18:00 JST March 18, 2023.
Bidders must be a corporation or an individual capable of executing a Contract within 14 days after the bid opening date, and capable of making Settlement payment within 100 days after the Contract execution date.
If a Contract is not awarded within 14 days, the bidding process may be canceled, postponed, or moved to the second highest bidder who exceeds the minimum price limit, and the bidding process may be repeated.
Method of Opening Bids: Bids will be opened at any time by NRE and disclosed to the Seller.
Bidding Results: Bidding results are not disclosed, and will not be made public.
Bidders will be notified of the results of their own bids by NRE.
Remarks: General bidding format using a brokerage formula;
(Bidding will be conducted through an intermediary bidding process, in which Bidders participate in the bidding process through a real estate company that acts as an intermediary for the properties they are bidding on.)
- The Bidder is permitted to submit tender for the whole Property (includes Site A and Site B) or just one site (Site A or Site B).
- If the Bidder submits a tender for either Site A or Site B separately, the Seller reserves the right to choose the recipient of the Development Approval granted for the Property. The Seller will, at their sole discretion, transfer the approval to the winning Bidder of either Site A or Site B. The Bidders must not object to any decision made by the Seller.
- Bidding properties are subject to regulations based on the Kutchan Town Landscape Planning District, and to other relevant ordinances, as of the time the property summary (as of January 2023) was prepared. There is a possibility that the landscape planning district of Kutchan Town, Hokkaido, may be changed in the future. Prospective bidders are requested to contact Kutchan Town, Hokkaido, to confirm any future changes to the landscape planning area, etc., before participating in the bidding process.
- Neither the Seller nor NRE assumes any responsibility for any discrepancy in the contents of the bidding Property, or for the details provided. This disclaimer applies to all Property information, not just Development Approval and other information. In the event of any discrepancy between the registered area and the measured area of the Property, or any other discrepancy in the information, the parties shall not raise any objections to each other, and shall not claim any increase or decrease in the bid amount or the sales price.
- Potential tenderers shall conduct their own due diligence of the Property as to its usage, zoning, development regulations, and other physical attributes, and the Seller and/or NRE shall not be liable for any representations presented in any marketing materials.
- The details of the Sales Contract shall be determined in a separate Sales Contract.
- The boundary line in the photograph is for illustrative purposes only, and is not indicative of the actual boundary lines of the Property.
- The Seller and NRE will not renegotiate or readjust the bid price in any way.
- In no event shall the Seller or NRE make any warranty of any kind with respect to the Property.
- The bidding may be canceled during or after the bidding period due to the Seller, or due to any other circumstances that may make such cancellation unavoidable.
- Bidders are prohibited from engaging in any conduct that may influence other bidders’ bids, including but not limited to the spreading of rumors, posting on social networking services, etc., either by themselves or by other parties related to, or instructed by, the Bidder.
- Bidders are deemed to have agreed to the terms and conditions and all precautions stated on this site at the time they place their bids.
- The Seller may withdraw one or both sites from the bidding process at any time without providing prior notice or reason for such withdrawal.
- The Seller is not obligated to accept the highest tender, or any tenders.
- Niseko Real Estate is the only authorized real estate agent to display and promote the Public Tender opportunity for the Property.
- Tender period closes 18:00 JST March 15, 2023.
Bidders shall not be deemed to be qualified as Bidders in the following cases:
(1) Minors without parental consent (except those who have the same capacity as an adult under the Civil Code by obtaining a business license).
(2) The Seller or NRE determines that the Bidder’s credit standing has deteriorated significantly.
(3) The Seller or NRE deems that there is a risk of infringement of the Seller’s, NRE’s, or the Bidder’s credit or rights.
(4) The Seller or NRE deems that the Bidder has the purpose of obstructing the bidding.
(5) The Bidder interferes with the proper and fair operation of the bidding.
(6) It is found that the Bidder is in violation of the concluded Confidentiality Agreement (hereinafter referred to as CA).
(7) If the Seller or NRE deems that the Bidder has no serious intention to purchase the Property.
(8) If the Bidder conducts business or commercial activities using this site without obtaining NRE’s prior consent.
(9) If the Bidder participates in this tender under a false name, or by impersonating a third party.
(10) In the event the Bidder is found to have involvement with organized crime groups, or other antisocial forces, as defined in Article 2 of the Law Concerning Prevention of Unjust Acts by Organized Crime Groups.
(11) If the Bidder is found to be in violation of any of the other terms and conditions of this site;
- If the successful Bidder is found to fall into one or more of the above-mentioned cases, the Bidder shall be excluded from the tender, and NRE may, at its discretion, forfeit his/her right as the successful Bidder even after the successful bid.
- NRE does not expressly or implicitly represent, warrant, or imply that the Property in question is suitable for the purpose of purchase by the Bidder.
- The copyright of this site belongs to NRE, and the unauthorized use (including reproduction, public transmission, exhibition, distribution, transfer, lending, adaptation, alteration, and any other acts permitted as an exercise of the rights of the copyright holder) of this site is strictly prohibited.
- The Seller and NRE may revise the terms and conditions of this site without prior notice to Bidders and viewers individually when deemed necessary for the proper operation of the bidding.
- The Seller and NRE may request Bidders or prospective bidders to submit additional documents in order to ensure the smooth and proper operation of this bidding.
- Bids must be submitted in a U.S. dollar currency. Neither the Seller nor NRE shall be liable for any foreign exchange gains or losses at the time of bidding, contracting, or settlement.
- All prospective Bidders are required to sign a CA prior to bidding. Other documents may also be requested if necessary.
- Bidders may withdraw their bids only before the end of the bidding period. However, it is not possible to submit another bid after the withdrawal.
- The successful bidder may not transfer the right to purchase the Property to any third party (including other corporations involved with the successful bidder and relatives or associates of the successful bidder).
- NRE is not responsible for any damage caused by linking to a third party’s website from this site, or by linking from a third party’s website to this site.
- NRE does not guarantee that emails, etc. sent from this site, server, etc. will be free of computer viruses or other harmful content.
- NRE is not responsible for any damage caused by system interruption, suspension, delay, loss of data, unauthorized access to data, etc. due to communication line or computer failure, or any other damage caused to the tender user in relation to the services provided by this site.
- The bidding shall be governed by, and construed in accordance with, the laws of Japan, without giving effect to its conflict of law rules.
- All disputes relating to the bidding shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the bidding Property in Japan.
