Ultimate Thailand Property Guide - WHY?

Ultimate Thailand Property Guide - WHY?

As a foreigner living in Thailand, the Law is not something that you can neglect to take seriously. Thailand’s Laws on property are complex, but with the assistance of this brochure and your property agent, you can navigate the red tape and cruise smoothly through the buying process.

Thailand Property Law
The following section contains a brief summary of Thailand’s property laws, types of property ownership documents and buying methods with emphasis on those concerning the purchasing of property by expatriates. Firstly, you MUST select a good lawyer who can be your partner and helper who teaches you how to abide by the laws and also takes care of the technical paperwork thus reducing your stress.

Choosing Your Lawyer
Do not try to decipher and navigate the laws by yourself in Thailand. If you are to survive the property buying process with all the hairs on your head intact – commission a lawyer who is skilled in Thailand’s property law and knowledgeable about the current real estate market and its trends.

A good English-speaking lawyer will reduce your levels of stress by unsurmountable amounts. They will do the worrying for you, checking the authenticity of deeds/titles, verifying ownership, assisting you with setting up a company, completing the paperwork for land and condo ownership…etc. A good lawyer will ensure that you are protected from the property scandals that have rocked property news over the past decade.

To make sure that you have the right kind of lawyer – make sure that your lawyer commits to taking care of all of the following procedures in your property buying process:

a) Due Diligence – Ensure the lawyer’s involvement in the inspection of the property and of building permits. The lawyer should also be responsible for checking the credentials of the developer or land/house owner.
b) Title/Deeds Documents – It should be the lawyers responsibility to make sure that the that the seller is the current owner of the land/house/condo and that all documents are legitimate and there are no current mortgages, and no law suits, restrictions or actions against the owner or further development of the land. When it comes time to transfer or register the title, the lawyer should take on the job of preparing all of the application documents and submitting them to the Land Department.
c) Sale and Purchase agreements – The lawyer must provide English language versions of all agreements for you to read. In efforts to protect your interests, it is the lawyer’s ethical duty to negotiate for modifications of the agreements as they see fit.