What are the legal services I need when buying property in Thailand?
When buying property in Thailand, you should make sure you get legal advice from a professional. You may not be familiar with the local zoning laws and you may be confused about the laws pertaining to property improvements. An experienced property lawyer can explain the laws and help you understand them.
Property Due Diligence
Doing property due diligence is an essential part of purchasing property in Thailand. It involves a physical inspection of the property, as well as reviewing any liens and government permits pertaining to the property. It can also involve conducting a background check on the seller or developer. This is particularly important in Thailand, due to the complicated process of registering property.
Property due diligence in Thailand is particularly important for foreigners purchasing property in Thailand. By performing this process, they can ensure that they are purchasing a legitimate property that is free from legal issues. Moreover, they will be able to verify a seller's legal right to sell a property, as well as check the property's physical condition and initial environmental examination report. Due diligence is an essential step in purchasing a property in Thailand and helps prevent land scams.
Property due diligence in Thailand involves conducting a thorough physical inspection of the property, checking for liens, obtaining government permits, and investigating the background of the seller. Ideally, you will also be able to enlist the help of a legal representative. However, if you're unfamiliar with the Thai legal system, it's best to seek legal advice from a reputable attorney.
Legal Review of Contract
One of the first things you should do when buying a property in Thailand is to have your contract reviewed by a lawyer. A lawyer will be able to clarify any ambiguities in the contract, and they will also be able to check whether the property you are interested in has the proper government permits.
A good contract aims to create a fair agreement between both parties. However, market forces, unequal bargaining positions, and even fraud can complicate the process. When purchasing property in Thailand, a legal review of the contract can protect you and ensure you get the best deal. As Thailand's laws are very strict, this is especially important.
One of the first steps to legal review is to understand the contract and its contents. Many people get confused between the sales contract and the title deed. While the former details ownership of the property, the latter is more specific about the terms and conditions of the transaction. The sale contract also specifies who will own the property once the sale is completed.
Title Deed Transfer at the Land Office
During the property purchase process in Thailand, you need to make sure to request Title Deed Transfer at the Land Office. A title deed is the most important document to prove ownership. It must be registered at the Land Department office with a competent official. In some cases, a property may be sold without a title deed. In such a case, it is important to seek legal advice from an attorney.
Before you can transfer title deed in Thailand, you should ensure that you have the proper documentation in place. The process starts with signing a Power of Attorney, which gives you the authority to appoint a person to transfer the title deed on your behalf. This person can be a lawyer, a friend, or a legal team representative.