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Thailand Real Estate Lawyer

For the fastest, smoothest, and safest way of purchasing or leasing real estate in Thailand, you must hire a qualified real estate lawyer. Because of strict laws on foreign real estate ownership, trying to buy property on your own can expose you to scams, legal trouble, or unfair contracts.

While a real estate agent can help you find a property, only a qualified lawyer has the legal expertise to protect you from fraudulent sellers and complex Thai property laws. This page will explain the risks to foreigners when buying or leasing property and how a real estate lawyer in Thailand can help you mitigate them.

Why Hire a Real Estate Lawyer in Thailand?

Real estate lawyers in Thailand are experts when it comes to understanding Thailand’s complex property laws and are well-equipped to guide you through property transactions and requirements. They can help you complete each step of the legal process and meet requirements properly while shielding you from fraudulent sellers and landlords.

A skilled real estate lawyer can provide services to a wide range of clients, from expats to foreign-owned companies and more. They can assist you with:

• Buying a house or villa
• Securing a condominium in Thailand
• Obtaining real estate to develop a business
• Leasing land to build residential or commercial structures on 
• Reselling a condo or facilitating a lease to a third party
• And more

If you want to acquire real estate in Thailand, whether for yourself or as an investment, hiring a real estate lawyer is essential. Their support protects you from disputes and hidden liabilities, allowing you to move forward with a purchase or make informed decisions without delays or risks.

Risks of Purchasing Real Estate Without a Lawyer

While not mandatory, buying property without a qualified lawyer puts you at a significant disadvantage and increases your risk. Without a real estate lawyer to support your efforts, the process becomes more challenging to manage and can lead to consequences such as scams, financial losses, or even legal consequences, including possible arrests.

Here is an in-depth breakdown of some of the problems you can encounter when trying to purchase or lease property in Thailand by yourself.

Mistakes When Performing Title Searches and Due Diligence

Title searches and due diligence are important components of any real estate purchase process, as they assess the risks involved and analyze whether the property and its seller are legitimate. Both methods are used to identify fraud, determine if it's safe to purchase the property, and gauge what consequences there are after finalizing the transaction. But, if you decide to do it without any legal assistance, you may make mistakes or overlook certain undisclosed details.

If you go in blind, you might end up purchasing a property that is:

• Obtained via fake documents
• In violation of established zoning laws
• Burdened by encumbrances, such as mortgages or liens
• Currently involved in a dispute

By failing to reveal this information, you may find yourself facing:

• Forfeiture of your property
• Heavy fines
• Criminal charges related to fraud or illegal ownership

Ineffective Contract Review

To finalize a real estate transaction in Thailand, the seller or landlord will provide a contract for the buyer to sign, also known as a Sale and Purchase Agreement (SPA). Although you may review the property contract yourself, doing so without a solid understanding of Thai property law leaves you vulnerable to fraud, hidden liabilities, and unfair terms that can jeopardize your ownership.

If you’re unfamiliar with Thai property law, you won’t know what errors or unfair clauses to look for, and you may end up signing a contract that is not legally binding or worse, a legally binding contract that exploits you. Signing an unfair agreement makes it easier for the seller to take advantage of you, such as by charging higher fees or including clauses in the contract that limit your rights.

Difficulties in Transferring the Title

After completing the transaction and signing the SPA, the title of the property will need to be transferred to your name. Without a lawyer to facilitate the title transfer, you will need to submit the relevant documents and complete the transfer by yourself at the Thai Land Department.

Thai Land Office representatives will review all documentation to decide whether the title can be legally transferred to you. If any documents are incomplete or if you send the wrong items, this can lead to delays or a failed transfer. Real estate lawyers know what items to provide and will gather them for you and submit them to the land department on your behalf.

Overpaying Property Taxes

Thai property taxes are not set by law in Thailand and must be negotiated between you and the seller. Without a lawyer to negotiate on your behalf, the seller or developer may trick you into paying the majority of the taxes, shifting most of the tax burden onto you. A qualified real estate lawyer protects you by checking the tax breakdown and ensuring the terms of the agreement are fair, so that you do not overpay taxes.

Thai Real Estate Lawyer FAQs

Do Real Estate Lawyers Offer Escrow Services?

Yes, real estate lawyers in Thailand provide escrow account services to safeguard your funds if you do not maintain a Thai bank account or if you want a more secure way to buy.

What Types of Real Estate Can a Lawyer Help Foreigners Acquire?

Real estate lawyers can assist foreigners in securing properties that they’re able to own legally, following Thai property law. For outright purchases, foreigners are generally limited to condominiums. However, a Thai real estate lawyer can assist a foreign-owned company with acquiring land for commercial use, or help an individual lease land and build a structure on it that the foreigner can own in their name.

Can Real Estate Lawyers Help Foreigners Buy Land in Thailand?

Foreigners are prohibited under Thai law from directly purchasing and owning land. However, real estate lawyers can assist you in securing a land lease for up to 30 years or even more, depending on the leasehold agreement with the landowner. While managing leased land, you can construct a structure on it, such as a house or villa, which you can own in your name.

And as mentioned above, a Thai property lawyer can’t help a foreigner buy land, but they can help a foreign-owned company buy land, though what this land can be used for will be restricted by Thai law.

Consult with Siam Ä¢¹½ÊÓƵ’s Real Estate Lawyers

If you are seeking professional advice from a lawyer who understands the local market, language, and the real estate law in Thailand, then reach out to Siam Ä¢¹½ÊÓƵ for professional assistance. As a reputable, full-service law firm with over 20 years of experience helping foreigners in securing real estate, we will assist you in getting the real estate of your choice while protecting your interests.

Our property lawyers are well-versed in all things related to Thai property law and have the skills and qualifications to guide you through real estate purchases swiftly and with confidence. Whether it's performing accurate title searches and due diligence, reviewing contracts to protect you from unfair agreements, or handling the title transfer for you, we’ll make sure you can enjoy your new home or investment while avoiding scams, fraud, and legal problems.

Contact Siam Ä¢¹½ÊÓƵ and book a consultation with our lawyers today for personalized guidance in securing Thai real estate with peace of mind.

 

Siam Ä¢¹½ÊÓƵ Bangkok Law Firm

 

Siam Ä¢¹½ÊÓƵ Chiang Mai Law Firm

 

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