They will have to return $600 million because the deal was terminated, in addition to paying a penalty fee.So the loophole lies in the verbal explanation, confronted with verbal statement, is where the problem start and how the problem 'solved'.
I have several questions..
Is that adult/elderly guardianship system/insurance is a real thing?
They just got 600M in bank, what is the harm in cashing 1/4 of it to pay the penalty fees?
So in short the solution is similar to insurance scam uno reverse? For example in life insurance, put in contract on someone with a 'healthy' track record, had legitimacy period finished (or test period, I don't know the term), months after that, that someone cash in the money because by miracle he got life threatening cancer.
Voluntary adult guardianship is definitely real (involuntary is court-ordered, in cases of e.g. dementia, and voluntary is freely contracted), both in Japan and other countries. The guardianship contract has to be notarized, so there'd be a public record somewhere, but I'm not sure how people are protected against scams like this one (because let's face it, even if it was for a good cause these perfectly competent elderly people scammed the fraudsters). In a sane world the nullity of the purchases would also allow the fraudsters to get out of their penalty clauses, but this manga doesn't operate in a sane world where contracts contain normal boiler plate and are checked by lawyers.I have several questions..
Is that adult/elderly guardianship system/insurance is a real thing?
How is that a sane world? In that scenario Kamo is screwed over, even though he isn't the one who signed invalid deals.Voluntary adult guardianship is definitely real (involuntary is court-ordered, in cases of e.g. dementia, and voluntary is freely contracted), both in Japan and other countries. The guardianship contract has to be notarized, so there'd be a public record somewhere, but I'm not sure how people are protected against scams like this one (because let's face it, even if it was for a good cause these perfectly competent elderly people scammed the fraudsters). In a sane world the nullity of the purchases would also allow the fraudsters to get out of their penalty clauses, but this manga doesn't operate in a sane world where contracts contain normal boiler plate and are checked by lawyers.
(also worth noting - unlike the cutesy world of this manga, in real life many of the problems with guardianship typically come from the guardians scamming the crap out of their elderly wards, rather than evil executives)
In a sane world the fraudsters get a basic contract from a cheap lawyer who reviews the terms and lists the potential pitfalls, and adds basic precautions and insurances. For example, they might clarify that in the event of fraud or invalidity of the underlying sale, both parties withdraw from the agreement without penalties - or you could add a smaller penalty for failing to do basic due diligence - but most companies would not sign a contract that provides no security in the event that they get scammed. In addition, most jurisdictions regulate what happens to contracts in the event of fraud, to allow both parties to step away from the situation with minimal damage to both sides. All payments are rolled back (both the payments for the house purchases and Kamo's 600M payment), and it's very difficult to claim that the penalty clauses should be triggered. I mean - you say Kamo didn't sign invalid deals, but he also did absolutely no due diligence on the actual transfer of ownership to LLS, he just paid immediately without any review.How is that a sane world? In that scenario Kamo is screwed over, even though he isn't the one who signed invalid deals.