Real Estate

- TA THAI LAW FIRM -

Seal Your Real Estate Deal with Confidence in Thailand.

Specializing in drafting precise contracts for buying, selling, or leasing properties, be it a:
– Condominium;
– Land; or
– House.
Rely on us for thorough due diligence, ensuring a clear understanding of your chosen property’s legal standing. Our expertly crafted contracts safeguard your interests, navigating legal eligibility requirements and compliance with Thai real estate laws. Let us streamline the registration process, offering you peace of mind as your property transaction is efficiently formalized. As your trusted legal partner, our firm is dedicated to making your dream property a reality. Contact us to embark on a worry-free real estate journey in Thailand today.

Phuket boasts an array of enchanting and exotic places to explore. With its rich cultural heritage, historical significance, tropical climate, and dynamic nightlife captivate both foreign individuals and travelers. These captivating attributes have prompted a growing interest among foreigners in acquiring real estate in Thailand, whether for permanent residency or as a holiday retreat.

However, the complexities and ever-changing Thai laws raise questions of uncertainty in residing and investments in Thai real estate. However, these legal complexities all come down to considering these pivotal aspects below:

Entitlement to Transfer and/or Receive

Types of Property

Types of Transaction

Specific Geographic Location of the Property

Encumbrances

Assignment of Rights & Liabilities

Registration Process

Entitlement to Transfer and/or Receive

Based on the nature of the property, foreign individuals may encounter specific limitations and, in some cases, outright restrictions when it comes to owning land or condominiums in Thailand, as the country gives preference to its citizens. Leaseholds on land represent one of the prevalent methods by which foreigners can attain a form of ownership-like rights over the land. However, entering into a leasehold with the intention of owning like a freehold may affect and cause the invalidity of the transaction.

Types of Property

The sale, purchase, or any other property transaction triggers distinct sections within Thailand’s legal framework. These distinctions necessitate varying approaches when drafting a legally binding contract or agreement. A misstep in the process could result in the parties involved being unable to officially register the transaction with the relevant land department

Types of Transaction

Leasehold, freehold ownership, investments, and numerous other property-related transactions all come into play. Nevertheless, both parties must grasp the genuine essence of the transaction they are engaging in. To illustrate, acquiring land through a leasehold agreement differs significantly from the rights of full ownership associated with freehold arrangements.

Specific Geographic Location of the Property

Thailand, similar to numerous other nations, has implemented zoning regulations that designate specific areas for agricultural, industrial, or residential use. These designations significantly impact the legal status of the property. For instance, a condominium could be constructed in a restricted area, potentially leading to its closure in the future. Likewise, a house might be situated in an industrial zone where residential living is strongly discouraged. Furthermore, a certain location may be subject to encumbrances which may cause difficulty in purchasing or living.

Encumbrances

Mortgages, servitudes, usufructs, and other encumbrances can impact both the price and the feasibility of selling or purchasing a property. This underscores the significance of conducting thorough land-related due diligence. As part of our law firm’s due diligence process, we meticulously examine these encumbrances with the appropriate land department to safeguard the rights of both sellers and buyers.

Assignment of Rights & Liabilities

In property transactions, it is important to recognize that existing rights and obligations of a party may not always be transferable. This situation commonly arises when an individual owns a property in an area where a third party provides specific services exclusively to the property owner or lessee. For example, Mr. A owns a villa and land, and in his initial purchase, Mr. B grants him exclusive access to the swimming pool in a shared area. If Mr. A later decides to sell the villa to Mr. C, it is crucial to understand that even though the contracts between Mr. A and Mr. C may state that all rights and obligations pertaining to the villa are transferred to Mr. C, the exclusive swimming pool access right granted to Mr. A may not necessarily transfer to Mr. C.

Registration Process

The registration of the transaction with the relevant land department is one of the crucial elements to consider as the final step towards completing the transaction. This is where contracts entered prior between the parties become recognized by the government and the public. However, to register a real estate transaction, certain documents and evidence have to be shown to the land officer (e.g., proof of money transferred from the buyer to the seller).

We understand the significance of these considerations and are prepared to provide comprehensive legal counsel and assistance to facilitate your property transaction endeavors in Thailand. Our team of seasoned professionals specializes in navigating the complexities of Thailand’s property legal landscape, ensuring a seamless and legally sound transaction process for our esteemed clients.