Purchasing real estate in Japan as a foreign national is legally uncomplicated — there are no restrictions on overseas ownership of residential land or buildings. That said, the process differs considerably from many other markets: agents routinely represent both buyer and seller in the same transaction, property listings are distributed through a regulated national network called REINS, and a specialist known as a judicial scrivener manages legal title registration. Overseas buyers are strongly advised to work with bilingual agents and to confirm all current requirements through official sources.
| Item | Details |
|---|---|
| Foreign ownership restrictions | None on residential property or land (as of 2025); restrictions apply only to agricultural land and land near national security sites |
| Agent commission — standard maximum | 3% of sale price + ¥60,000 + 10% consumption tax (for properties over ¥4 million, as of 2024 — verify with MLIT) |
| Special rule for low-value properties | Up to ¥300,000 (before tax) for transactions under ¥8 million (introduced July 2024) |
| Agent licence requirement | Mandatory — the “Takken” (宅地建物取引士) national qualification required; regulated by MLIT and prefectural governors |
| Key listing network | REINS (Real Estate Information Network System) — restricted to licensed brokers; consumer portals include SUUMO, HOMES, AtHome |
| Who pays agent fees | Both buyer and seller typically pay — each up to the statutory maximum |
Who are the main estate agents operating in Japan, and how do buyers typically use them?
Real estate transactions in Japan are almost always handled through licensed agents, and private sales between individuals remain rare. This sets Japan apart from countries such as France or Germany, where private transactions are far more common. A Japanese real estate company, known as 不動産業者 (fudosan gyosha), can provide a broad spectrum of services covering all aspects of property dealings.
Real estate brokers occupy a position between buyer and seller, facilitating the conclusion of sales contracts and tenancy agreements. In contrast to markets like the US or Australia — where it is standard for buyers and sellers to each engage their own separate agent — Japan routinely sees a single broker managing the transaction on behalf of both parties simultaneously. This arrangement is referred to as a “double-ended” deal and is discussed in greater detail in the fees section below.
Japan is home to a large number of real estate firms, but locating one equipped to serve foreign buyers — particularly outside major urban centres such as Tokyo, Yokohama, Kobe and Fukuoka — can present a challenge. The agencies listed below are among those most commonly used by international buyers, though their availability and service offerings evolve over time; readers should confirm current details directly with each firm before making any commitments:
- Sumitomo Fudosan Step (Sumitomo Real Estate Sales) — A leading Japanese brokerage with 168 offices across the country (as of February 2026), handling more than 31,000 properties in a single year. Staff with English, Chinese and Korean language capabilities are available to assist with buying, selling and leasing. Website: global.sumitomo-res.com
- Mitsui Fudosan Realty — Operating as part of one of Japan’s most respected real estate conglomerates, Mitsui Fudosan Realty offers an extensive portfolio spanning a wide range of budgets. It ranks among the largest national brokerages and handles both residential and investment properties.
- Blackship Realty — Specialising in high-end Tokyo properties for foreign clients, Blackship Realty’s agents provide personalised consultations designed to help international investors and homebuyers identify premium options. Website: blackshiprealty.com
- PLAZA HOMES — PLAZA HOMES helps overseas clients purchase properties in central Tokyo and the surrounding region. Their website includes a useful resource highlighting English-speaking agents and multilingual real estate professionals operating beyond Tokyo. Website: realestate-tokyo.com
- IREA (International Real Estate Agency) — IREA sets itself apart through a genuinely bilingual, foreigner-friendly approach, with all agents conversant in multiple languages and experienced in guiding international clients through Japan’s intricate property-buying process.
- MARE (Minamiaoyama Real Estate Inc.) — Offers English translations of contract documents, with all contract procedures handled by a fully qualified real estate agent.
- Ken Corporation — Focused on premium properties, Ken Corporation excels at understanding client requirements and sourcing suitable matches, even reaching beyond its own listings. The firm can also assist buyers in locating international schools.
- Savills Japan — A well-regarded option for buyers seeking representation, with experienced agents who negotiate on clients’ behalf to secure favourable terms. Website: savills.co.jp/en
The availability, prominence and services of individual agencies can change at any time. Always verify current credentials, language capabilities and geographic coverage by contacting agencies directly or consulting up-to-date local sources before engaging any professional.
Do estate agents in Japan need qualifications or a licence to operate?
Japan maintains a comprehensive licensing regime for real estate brokers. Under the provisions of the Building Lots and Buildings Transaction Business Act, only brokers that have been granted a licence by the Minister of Land, Infrastructure, Transport and Tourism or the relevant prefectural governor — and who meet required standards of financial soundness and professional expertise — are permitted to conduct real estate transactions such as sales and brokerage.
Within each licensed real estate company, a minimum proportion of staff — more than one in five employees — must hold the national qualification formally designated as the Real Estate Transaction Agent (宅地建物取引士). This credential is widely known by its informal name, the “Takken.” To become a Takken holder, an individual must pass the qualification examination, complete official registration as a real estate transaction agent, and be issued with a licence certificate — which carries a validity period of five years.
Certain key steps in a transaction, including the formal explanation of material property details and contract terms (known as the “Explanation of Important Matters”) and affixing a name and seal to the contract summary document, must be carried out in person by a qualified Takken holder. This requirement serves as a significant consumer protection measure, ensuring that a fully licensed professional is personally involved at critical points in the transaction.
The Takken examination is held once a year, in October, and is regarded as a rigorous test, with a pass rate of roughly 15–20%. Candidates who succeed must then register as a Real Estate Transaction Specialist with their local government office, providing proof of having passed the examination together with identity verification documentation.
Japan’s regulatory framework differs from that of the UK, where agents are not required to hold a government licence but must belong to a statutory redress scheme such as The Property Ombudsman, and from the US, where licensing is administered at the individual state level. In Japan, both the national Takken qualification and a business licence issued by either MLIT or the competent prefectural governor are legally mandatory requirements. Buyers can verify whether a broker holds a valid licence through the MLIT search system for registered building and land dealers, available at etsuran2.mlit.go.jp — though this service is currently only available in Japanese. For current regulatory requirements and agent verification, consult the MLIT official website directly.
How much do estate agents charge in Japan, and who pays the fees?
Agent commissions are tightly regulated by the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) under the Real Estate Transaction Business Law (宅地建物取引業法). This legislation establishes a strict upper ceiling on permissible fees, making it unlawful for any agency to charge beyond the prescribed limit — providing buyers and sellers with a meaningful degree of financial transparency and protection.
For most residential property purchases (as of 2024 — verify current figures with MLIT), the maximum commission formula is as follows:
| Property sale price | Maximum commission formula |
|---|---|
| Up to ¥2,000,000 | 5% of sale price |
| ¥2,000,001 to ¥4,000,000 | 4% of sale price + ¥20,000 |
| Over ¥4,000,000 | 3% of sale price + ¥60,000 |
| Under ¥8,000,000 (special rule) | Up to ¥300,000 (before tax) — see note below |
Where the sale price exceeds ¥4 million, the maximum agent commission is calculated as “(sale price × 3% + ¥60,000) + consumption tax.” As a practical illustration, the commission on a ¥50 million sale would amount to (¥50 million × 0.03 + ¥60,000) × 1.10 = ¥1,566,000. Consumption tax currently stands at 10% and must be added to any calculated fee.
A revised rule took effect on 1 July 2024. To facilitate the sale of lower-value properties and support the circulation of vacant homes, agents may now charge up to ¥300,000 (before tax) in brokerage fees on transactions under ¥8 million — a change introduced because standard commission rates were often insufficient to make such deals economically viable. This adjustment is particularly relevant for buyers exploring the growing “akiya” (abandoned or vacant home) market in rural parts of the country.
Where a single broker acts as an intermediary for both buyer and seller, that broker may collect up to the statutory maximum commission from each party. In practice, this means both the buyer and the seller may each be charged up to the applicable ceiling. If both parties have entered into brokerage contracts with the same firm — a “double-ended transaction” — that firm may receive commissions from both sides, subject to the legal maximum in each case.
Japanese real estate agents commonly expect to receive commission from both buyer and seller, and in some cases there is room to negotiate. Understanding this dynamic can give buyers a degree of leverage in discussions and may present opportunities for savings. While the legal maximum is fixed, there is no statutory minimum, so negotiation is permissible. Some agents advertise reduced or zero buyer commissions, though buyers should remain alert to the possibility of “steering” practices in such situations.
The commission is typically paid in two stages: approximately 50% upon signing the purchase and sale agreement, and the remainder at final settlement and property handover. Both the payment schedule and the calculated fee must be set out clearly in the signed brokerage contract, ensuring full financial transparency from the outset.
Many transactions involving overseas buyers will call for additional services such as proxy representation or remote property viewings. Agencies that specialise in assisting foreign buyers may levy supplementary consulting or translation fees on top of the standard commission. Always request a complete written breakdown of all anticipated costs before signing any brokerage agreement.
Where else can buyers find properties for sale in Japan, apart from estate agents?
Property listings in Japan are primarily accessed through real estate information networks such as REINS (Real Estate Information Network System) or through privately operated consumer portals, rather than any single centralised national database. Japan does not maintain a unified public register recording all property information and transaction history — an important distinction from markets such as the UK, where platforms like Rightmove aggregate listings from across the entire country into a single publicly searchable database.
Online property portals
The principal consumer-facing property portals are:
- SUUMO (suumo.jp) — Japan’s largest property portal, predominantly in Japanese but widely used by buyers working alongside bilingual agents. Agents regularly advertise properties across leading digital portals, with SUUMO and HOME’S being among the most prominent.
- HOMES (Home’s) (homes.co.jp) — Another major Japanese-language portal with comprehensive residential listings spanning the entire country.
- AtHome (athome.co.jp) — A well-established platform used by both agents and buyers in search of resale and new-build properties.
- Real Estate Japan (realestate.co.jp) — Lists a variety of property types for rent and sale, including short-term apartments, no-key-money apartments and furnished accommodation for foreigners, alongside investment properties and Tokyo real estate. The platform also hosts real estate investment and financing seminars and networking events.
- Japan-Property (japan-property.com) — A comprehensive portal aimed at international buyers, featuring thousands of residential and investment listings across major cities including Tokyo, Osaka, Nagoya, Kyoto and Fukuoka, as well as scenic regions such as Hokkaido and Okinawa, with direct connections to trusted real estate agents nationwide.
- PropertyAccess (propertyaccess.com) — Offers access to exclusive off-market properties, tailored recommendations and guided support throughout the buying process. These curated listings are not accessible to the general public.
REINS (Real Estate Information Network System)
REINS functions as Japan’s multiple listing service, with access restricted exclusively to licensed real estate professionals. Buyers cannot search REINS directly — unlike the US MLS system, where third-party platforms such as Zillow republish listings publicly. Working with a licensed agent, however, grants access to the complete REINS database, providing considerably broader market coverage than any consumer portal can offer on its own. Agents use REINS to publicise properties, ensuring rapid and wide exposure across all licensed brokerages in Japan and maximising the pool of potential buyers.
New-build and developer direct sales
Newly constructed condominium units are typically sold directly by the developer to the buyer, often before construction has been completed. In these circumstances, the involvement of a real estate agent is generally not required, except in certain specific situations such as the sale of already-completed units. Buyers interested in new developments can approach developers directly. Among the major developers with internationally oriented sales teams are Mitsui Fudosan, Sumitomo Realty and Tokyu Land Corporation.
Akiya (vacant home) banks
A growing number of Japanese local authorities operate “akiya banks” — publicly accessible registers listing vacant or abandoned homes available for purchase, frequently at very low prices. These are hosted on individual municipal websites and represent an increasingly valuable resource for buyers in search of affordable rural or semi-rural properties. The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) provides guidance on the programme. Japan’s akiya market presents a distinctive opportunity to acquire properties at a fraction of their conventional market value.
Community networks and expat forums
Online communities such as r/JapanLife on Reddit and expat discussion forums on platforms including Expat Focus Japan can be useful sources of peer recommendations and word-of-mouth leads on bilingual agents, local market conditions and specific neighbourhoods. These are informal, unregulated channels, so any information obtained should always be verified through official sources.
Is using a buyer’s agent common practice when purchasing property in Japan?
Dedicated buyer’s agents — professionals who act solely on behalf of the purchaser and have no connection to the seller or the seller’s representative — are not a standard fixture of Japan’s property market in the way they are in, for example, Australia (where buyer’s advocates constitute an established profession) or increasingly in the UK. The more typical arrangement in Japan is for a single licensed broker to manage the transaction for both parties.
Japanese real estate brokers are positioned between buyer and seller to facilitate the conclusion of a sales contract. The scope of representation can take different forms: a broker may be authorised to act as either an agent (dairi) or an intermediary (baikai) for a seller. An agent operating in the dairi capacity is generally authorised to enter into a binding sales agreement directly with a buyer on the seller’s behalf, whereas an intermediary may only introduce buyer to seller and has no authority to legally bind the seller.
Some agencies focused on international clients do position themselves as primarily serving the buyer’s interests — sourcing properties across the full market and providing comprehensive translation and advisory support. Blackship Realty, for instance, searches listings from all property management companies, including both on-market and private off-market properties, to ensure clients have access to the widest possible selection. Whether such an arrangement constitutes genuine “buyer’s representation” in a strict legal sense varies from one firm to the next.
There is no separate qualification in Japan specifically for acting as a buyer’s agent — the standard Takken licence applies equally. Fees for buyer-focused advisory services, where offered, are not subject to separate regulation and vary by provider. Some firms incorporate buyer consultation into their standard commission structure; others may levy a distinct advisory or translation fee (as of 2025 — confirm current fee arrangements directly with individual agents). Transactions involving overseas buyers will often necessitate additional services such as proxy representation or remote viewings, and brokerages specialising in foreign buyer support may apply supplementary charges for these.
Are there organisations in Japan that support or represent foreign property buyers?
No single body in Japan exists solely to advocate for and protect foreign property buyers in the manner of a specialist ombudsman or dedicated foreign buyer protection agency found in some other countries. Nevertheless, a number of official and professional organisations offer relevant oversight, consumer protection and legal assistance:
-
Ministry of Land, Infrastructure, Transport and Tourism (MLIT / 国土交通省)
The principal government body responsible for overseeing property transactions, agent licensing and land registration throughout Japan. MLIT publishes guidance on the Building Lots and Buildings Transaction Business Act, brokerage fees and consumer rights. Website: mlit.go.jp/en -
Japan Federation of Real Estate Transaction Associations (全国宅地建物取引業協会連合会 — Zentakuren)
A national industry federation representing licensed real estate brokers. Member firms are bound by professional conduct obligations, and consumers can submit complaints through regional branch offices. Website: zentaku.or.jp (Japanese) -
Real Estate Transaction Guarantee Association (不動産保証協会 — Fudosan Hosho Kyokai)
One of two statutory guarantee bodies that licensed agents are required to join, providing a consumer protection fund to cover losses arising from agent misconduct. There are two such guaranty societies — Zenkoku Takuchi Tatemono Torihikigyo Kyokai and Fudosan Hosho Kyokai — and foreign nationals may belong to either. -
Japan Legal Support Center (法テラス — Houterasu)
A publicly funded legal consultation service. Non-residents and foreign nationals can access information about their legal rights in property transactions. Website: houterasu.or.jp/en -
Japan Bar Association (日本弁護士連合会 — Nichibenren)
Maintains a directory of qualified lawyers (bengoshi) who can advise on real estate law, contract matters and dispute resolution. Buyers facing complex transactions or disputes are advised to consult a bengoshi. Website: nichibenren.or.jp/en -
Japan Judicial Scriveners Federation (日本司法書士会連合会)
The representative body for judicial scriveners, who play a central role in property title registration and verification. Website: shiho-shoshi.or.jp (Japanese)
While none of these bodies is specifically designed with foreign buyers in mind, each provides a formal avenue for oversight, complaint or legal assistance that any buyer — irrespective of nationality — can make use of. For informal peer support, expat-oriented communities such as those on Expat Focus and relevant Reddit groups are also widely consulted for agent recommendations and first-hand experiences.
What other steps or considerations should foreign buyers be aware of when searching for property in Japan?
Foreign ownership rules
One of Japan’s most attractive features for overseas property buyers is the openness of its ownership framework. In contrast to many other Asian markets, Japan places no legal restrictions on foreign ownership of real estate, and non-residents may purchase freehold property outright on the same basis as Japanese citizens. Certain limitations do apply, however — most notably to agricultural land and land designated for national security purposes. Buyers should always confirm current rules with the MLIT before proceeding.
The role of judicial scriveners
Overseas buyers will typically work with a bilingual real estate agent who can guide them through the process and introduce them to a judicial scrivener — specialists in Japanese property law who ensure that all legal documentation is correctly prepared and executed. The judicial scrivener (司法書士, shiho shoshi) is responsible for registering the title transfer with the Legal Affairs Bureau (法務局, Homu-kyoku), the body maintaining Japan’s official property register. This role is broadly analogous to that of a conveyancing solicitor in the UK or a notaire in France, though Japan’s system assigns registration tasks to this specific professional category rather than to general legal practitioners.
Requirements for non-resident buyers
Japanese law requires that real estate transactions and title-transfer closings be executed in Japan. Non-resident buyers must therefore designate a local representative holding power of attorney to sign the purchase contract and make final payments on their behalf. They must also appoint a domestic tax agent (納税管理人) and comply with applicable foreign exchange reporting obligations.
When completing a property purchase in Japan, non-residents may be required to provide a notarised affidavit confirming their current address and signature. This document — certified by a public notary in their home country or by their country’s embassy or consulate in Japan — is frequently requested. It is advisable to obtain this affidavit before travelling to Japan in order to avoid delays in the transaction process. From 1 April 2024, affidavits may also be certified by a notary public in the buyer’s country of current residence, in addition to their home country.
New registration rules (2024)
Regulations introduced in April 2024 require that the names of foreign buyers be registered in both kanji/kana script and the Roman alphabet. Buyers without a Japanese residential address must declare this and provide a domestic contact. These changes form part of an ongoing reform programme for Japan’s property registration system — always confirm the latest requirements with your judicial scrivener or MLIT.
Online transaction provisions
Since 2022, Japan has fully implemented online explanations of important transaction terms (IT Disclosure), eliminating the need for in-person attendance for the signing of these documents — a development that offers considerable practical benefit to overseas buyers who are unable to travel to Japan.
Language barriers
Purchasing property in Japan requires communicating with a licensed real estate agent, executing contracts written in Japanese and adhering to Japanese legal procedures. While bilingual agents provide translations of key documents as a matter of course, the official contracts are legally binding in their Japanese form. It is strongly recommended that buyers have a bilingual professional independently review all documentation — including the “Explanation of Important Matters” (重要事項説明書), which must be formally delivered by a Takken-licensed agent prior to any contract being signed.
Financing considerations
Buyers with permanent residency in Japan generally encounter few obstacles to obtaining mortgage finance, while non-permanent-resident buyers often face additional requirements such as a Japanese guarantor, a larger down payment or the need to use a specialist lender. Banks such as Shinsei typically require that a buyer without permanent residency have a Japanese citizen or permanent-resident spouse acting as co-borrower or guarantor. Foreign buyers should weigh the relative merits of cash purchase against financing: paying cash tends to be simpler, sidestepping loan approval processes, guarantee fees, interest costs and currency exchange risks.
Step-by-step property purchase process
- Research the market: Explore consumer portals such as SUUMO, HOMES and Real Estate Japan, and engage a bilingual agent to gain an understanding of pricing and availability in your chosen area.
- Engage a licensed agent: Given the complexity of Japanese property transactions, the volume of legal documentation involved and the scale of the financial commitment, working with a reputable, experienced real estate agent is essential — particularly for foreign buyers. A skilled agent will navigate the procedural intricacies, including the additional paperwork and international financial arrangements that non-resident purchases often entail.
- Obtain necessary documents: Arrange a notarised affidavit of address and a notarised copy of your passport. Non-residents should also arrange a power of attorney appointing a local representative to act on their behalf at closing.
- Make an offer and pay a reservation fee: Submit your offer through your agent. While price negotiation is less common in Japan than in some other markets, there may be scope to discuss the purchase price and conditions. A reservation fee — typically between ¥100,000 and ¥500,000 — secures the property while the purchase contract is drawn up.
- Receive and review the Explanation of Important Matters: A Takken-licensed agent must formally present all material facts about the property and the contract terms before any agreement is signed. Since 2022, this can be completed online via IT Disclosure, which is particularly advantageous for buyers based overseas.
- Sign the purchase contract (売買契約書): Execute the purchase contract and pay the first instalment of agent commission (typically 50%), together with the contractual deposit (手付金, tetsuke-kin).
- Complete due diligence and arrange financing: Your judicial scrivener verifies title, checks for liens and reviews registration records held at the Legal Affairs Bureau (法務局). Arrange mortgage financing if required, bearing in mind that non-permanent-residents may face additional lending conditions.
- Final settlement and title transfer: Final settlement ordinarily takes place one to two months after the contract is signed. During this period, the buyer finalises financing arrangements and both parties prepare for handover. The judicial scrivener completes the official title registration, the seller hands over the property keys and all relevant documents, and the remaining agent commission is paid.
Frequently asked questions
Can I search for property in Japan remotely without visiting the country?
Yes. Major portals including SUUMO, Real Estate Japan and Japan-Property are fully accessible online, and many bilingual agencies offer virtual tours and video viewings of prospective properties. Since 2022, Japan has fully implemented online explanations of important transaction terms (IT Disclosure), removing the requirement for buyers to be present in person for the signing of these documents — a particularly valuable development for overseas buyers unable to travel to Japan. You will, however, need to appoint a local representative with power of attorney to sign the final closing documents on your behalf.
Do I need a Japanese bank account before I can buy property?
A Japanese bank account is not a legal prerequisite for purchasing property, but having one is strongly advisable for making payments and transfers throughout the transaction. Non-residents may find it difficult to open a Japanese bank account without a residence card (在留カード), so buyers intending to pay in cash should discuss international wire transfer arrangements with their agent and judicial scrivener early in the process. For many foreign buyers, purchasing with cash is the simpler route, avoiding mortgage approval procedures, guarantee fees and currency exchange risks.
Are there any restrictions on what type of property a foreign national can buy in Japan?
Foreign nationals may purchase residential, commercial and land properties throughout Japan without restriction. Certain limitations do apply, however — notably to agricultural land and land designated for national security purposes. Buyers should verify the current position with MLIT or a qualified lawyer before proceeding with any purchase.
What happens if the seller withdraws from the deal after contracts are signed?
Under Japanese contract law, once a purchase contract (売買契約書) has been signed and a deposit (手付金, tetsuke-kin) paid, a seller who wishes to withdraw from the transaction must repay the buyer twice the deposit amount. A buyer who chooses to withdraw forfeits their deposit entirely. This protection mechanism is broadly comparable to the exchange-of-contracts stage in the UK or the signed promesse de vente in France. Your agent and judicial scrivener should explain these contractual protections in detail before you sign.
How can I verify that a Japanese real estate agent is properly licensed?
Only brokers granted a licence by the Minister of Land, Infrastructure, Transport and Tourism or the relevant prefectural governor are legally permitted to conduct real estate transactions in Japan. The licensing status of any broker can be checked using the MLIT search system at etsuran2.mlit.go.jp — though this service is currently available in Japanese only. You should also ask any prospective agent to produce their Takken licence certificate, which will display their registration number and expiry date.
Is it possible to buy an akiya (vacant or abandoned home) as a foreign national?
Yes. Japan’s akiya market presents a distinctive opportunity to acquire properties at a fraction of their conventional market value. Many local authorities list vacant homes through publicly accessible akiya bank registers hosted on their official websites. Such properties can be remarkably affordable, especially in rural areas, but frequently require extensive renovation work. Thorough due diligence on structural condition, land rights and any obligations attached to the property is essential. Engaging a bilingual agent or solicitor with experience in akiya transactions is strongly recommended.
What is a judicial scrivener, and do I really need one?
A judicial scrivener (司法書士, shiho shoshi) is a specialist legal professional whose role includes registering the property title transfer with Japan’s Legal Affairs Bureau and ensuring that all associated legal documentation is correctly executed. These professionals are well versed in the intricacies of Japanese property law and are an indispensable part of navigating the transaction process successfully. Engaging a judicial scrivener is a standard, non-optional component of every property purchase in Japan — not an additional luxury. Your bilingual agent will typically be able to introduce you to one.
Will property contracts and legal documents be available in my language?
Official property contracts in Japan are drawn up in Japanese and are legally binding in that language. Many bilingual agencies will provide translated versions of key documents — including the Explanation of Important Matters — as a helpful courtesy, but these translations do not carry legal force. It is important to ensure that you have a thorough understanding of the Japanese text, ideally with the assistance of a bilingual professional of your own choosing rather than relying solely on the agent acting for the other party.