The Legal Services You Need When Buying Property in Thailand

Buying a property in Thailand can be a difficult task. There are many legal services available to help you make the process as seamless as possible. These services include Due Diligence, Contract Review, and Title Transfer. These services can help you ensure that you're buying a property that meets your needs.

Due Diligence

Due diligence is the process of researching the history and position of a property before you purchase it. The goal of this process is to ensure that the owner is reliable and trustworthy, and that the property is free of legal issues. The due diligence process can help you avoid financial loss and disappointment if you make the wrong decision. Due diligence is a vital part of the property buying process, so it is important to take it seriously.

First, you should conduct a thorough land title search on the property you plan to buy. It's critical that you check for any unregistered leases, mortgages, or superficion, as these all affect the legal ownership of a property. In addition, you should check for encumbrances. If the land is subject to liens or other forms of fraud, it's best to stay away from the property until it's completely free of liens and mortgages.

Contract Review

When buying property in Thailand, it's important to conduct a Contract Review before signing any documents. This will help you understand the contract and avoid any hidden clauses and issues that may lead to litigation. The importance of conducting a Contract Review varies depending on the situation and the parties involved.

It's especially important when purchasing luxury property or purchasing a foreign property. Some contracts have hidden issues that can lead to expensive lawsuits. Having a lawyer review the contract will protect you from this and ensure that you're getting the best possible deal. This process will also strengthen your bargaining position and help minimize the risk of disputes during the buying process.

As a foreign buyer, you may not be familiar with Thai law and its legal system. It's best to have a legal professional review the contract before signing it. They will check to see if the details are accurate and that all the necessary permits have been obtained. They will also explain each party's rights and responsibilities. They will make sure you don't pay for things that aren't included in the contract.

Title Transfer

When buying property in Thailand, one of the most important steps is obtaining a Title Transfer. This is required in order to transfer your property's ownership from the seller to you. While you may be able to handle this process yourself, there are some special considerations you must follow to ensure your property is transferred properly.

First, you must determine whether you are buying a condominium unit or a building. A condominium unit is usually sold without land and is considered a unit in a condominium. Land is generally priced in Baht/Rai or Wah, and requires a Title Transfer to obtain possession of it.

You must provide several documents to your lawyer. These documents may include your passport, marriage certificate, and the names of your parents. You will also need to present an FET Form issued by your bank. The bank will then calculate the amount of funds you need to clear your mortgage. Once you have these documents, you will need to take them to the Land Department to have the transaction completed.