Buying a Resale Condo in Thailand: Checks Before You Pay

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on 21 October 2026

Short answer: a Title Deed Check costs 4,900 THB and takes 3 business days; the full Condominium Package is 19,900 THB. When buying a resale condo in Thailand, the one thing that matters most is that nobody stands between you and the seller: no developer, no standard-form contract, and nobody checks the deed unless you have it checked.

Why a resale condo is not an off-plan purchase

When you buy off-plan, section 6/2 of the Condominium Act B.E. 2522 requires the developer to use the standard-form sale contract, and a clause that departs from it in the developer’s favour is unenforceable. None of that applies to a resale. The seller is a private person, Thai or foreign, the contract is whatever the two of you sign, and there is no developer to go back to if the unit turns out to be mortgaged, attached by a court, or registered in somebody else’s name. The Land Office registers the transfer if the papers are in order on the day; it does not tell you whether you paid for a problem. Buying a resale condo in Thailand is a document exercise first and a negotiation second.

The seller’s quota status decides whether you can own the unit

Section 19 of the Act lists who may own a unit as a foreigner; section 19 bis caps foreign ownership at 49% of the combined area of all units. In a resale, the answer depends on who holds the unit now.

• The seller is a foreigner. The unit is already counted inside the foreign 49% and stays there if it is re-registered to another foreigner. The Land Office will still ask for the juristic person’s quota letter on transfer day.
• The seller is Thai. The unit sits in the Thai 51%, and moving it to you requires free space in the foreign quota. If the building is already at 49%, the transfer cannot be registered, whatever the contract says. Get the percentage from the juristic person in writing and have it checked against the Land Office record; the two do not always agree. See what happens when the foreign quota is full.

In both cases you bring your own proof of foreign remittance under section 19 ter; the seller’s old FET form does not transfer to you.

Five documents to demand before any deposit

A seller who hesitates on any of these is telling you something.

1. A certified copy of the unit title deed from the Land Office, front and back, with the official stamp and date of issue. Not a photocopy from the seller’s drawer. The front shows the registered owner and the unit area; the back shows every mortgage, usufruct, lease, court attachment or pending transaction (see how to read a title deed in Thailand).
2. The seller’s ID card or passport and house registration. The name must match the deed exactly. A married Thai seller may need spousal consent.
3. The juristic person’s debt-free certificate and quota letter. Under sections 18 and 29, common expense arrears follow the unit, and the Land Office will not register a transfer without the certificate. The Supreme Court confirmed in Dika 4457/2565 that without it there is no transfer.
4. The seller’s original FET form or bank evidence, if the seller is foreign. This shows that the unit entered the foreign quota lawfully and lets the seller repatriate the proceeds.
5. The latest common fee receipts and sinking fund statement. These confirm the monthly charge, whether a special assessment is coming, and whether the seller is current.

The deposit agreement: where most money is lost

Agents like to take a deposit quickly, usually 5 to 10% of the price, against a one-page reservation form. The usual traps: a forfeiture clause with no conditions attached, no deadline for the seller to produce the documents above, no exit if the quota is full or the deed shows a mortgage, and a completion date the seller’s bank cannot meet.

The Supreme Court applies these clauses as written. In Supreme Court Decision 1511/2569 a buyer who could not complete lost his 100,000 THB reservation fee, and the court left that forfeiture alone. It struck down only the forfeiture of a later 2,810,780 THB instalment, because a sum that large, paid after signing, is not earnest money and keeping it was contrary to public policy. The practical rule: the deposit must be refundable in full if the seller cannot deliver a clean deed, an available quota and a debt-free certificate by a fixed date. Put that in writing, in Thai and English.

When the seller still has a bank loan

Many resale units carry a mortgage on the back of the deed. The sale can go ahead, but redemption and transfer must happen on the same day, at the same counter. The seller’s bank sends an officer with the original deed, which the bank holds; you pay the redemption amount to the bank by cashier’s cheque and the balance to the seller; the officer signs the release; the Land Office registers the release and then the transfer to you, in that order. Never pay the seller in advance so that he can “clear the loan first”: once the money leaves your hands you have no control over the release. Ask for the bank’s redemption letter a week before transfer so the figure is fixed.

Who pays which tax at the Land Office

Government fees are paid at the Land Office on the day and are never part of our fee. The usual split in a resale, unless the contract says otherwise:

• Transfer fee, 2% of the appraised value: commonly shared equally, but a matter of agreement. Write it into the contract.
• Specific business tax, 3.3%: the seller’s cost if the unit has been held for less than 5 years, with limited exceptions. Otherwise stamp duty of 0.5% applies instead.
• Withholding tax: the seller’s cost, calculated by the Land Office on the appraised value and years of ownership, or 1% for a company seller.

Sellers sometimes ask the buyer to pay “all transfer costs”. Know the number first: on a 5,000,000 THB unit held for three years the seller’s side can run to 200,000 THB or more.

Resale versus off-plan: the risks compared

Risk	Off-plan from a developer	Resale from a private seller
Contract terms	Standard form under s.6/2; unfair departures void	Free contract; you are bound by what you sign
Foreign quota	Developer sells from its foreign allocation	Depends on the seller’s status and the building’s current percentage
Title and encumbrances	Deed issued new in your name	Deed has a history; the reverse may show mortgages, leases, attachments
Common fee arrears	None before handover	Follow the unit (s.18, s.29); debt-free certificate required
Deposit	Instalment schedule in the standard form	Private reservation form; a reasonable reservation fee is forfeitable (Decision 1511/2569)
Identity of the seller	Registered company, licensed project	Private person; ID must match the deed (Dika 4096/2557)
Bank loan on the unit	Project loan released unit by unit	Seller’s mortgage redeemed at the counter on transfer day
Taxes	Transfer fee usually shared	Seller pays specific business tax or stamp duty and withholding; transfer fee by agreement
Building condition	Unknown until built; defect period	Visible, no warranty; sinking fund and assessments matter

The Land Office day

Transfer takes half a day at the Land Office with jurisdiction over the building. Both parties attend, or send representatives under a power of attorney, notarised and legalised if signed abroad. Bring the original deed, the debt-free certificate and quota letter dated close to the transfer, your passport and FET evidence, the seller’s ID and house registration, and the cashier’s cheques. The officer checks the quota, collects the taxes and registers the transfer on the back of the deed. You leave with the deed in your name, or with nothing. Attendance by our lawyer in Bangkok, Pattaya, Nakhon Ratchasima, Khon Kaen, Surin, Buriram and nearby is included in the Premium Package; elsewhere it is quoted before you commit. Due diligence and contract work is done remotely for any province.

What the Title Deed Check answers in 3 days

Before you sign a reservation form, a Title Deed Check at 4,900 THB obtains the certified copy from the Land Office, translates it and gives you a 2-page lawyer’s report within 3 business days. It tells you whether the registered owner is your seller, the exact unit area, what is registered on the reverse, and whether the deed is current and not the subject of a lost-deed report.

What it costs

• Title Deed Check, 4,900 THB: certified copy from the Land Office (front and back, official stamp and date), English translation and 2-page lawyer’s report, 3 business days. Credited against the Condominium Package if ordered within 30 days.
• Condominium Package, 19,900 THB: 25-point due diligence, review of the sale and deposit agreements, FET guidance and written transfer instructions, in 7 to 14 business days.
• Condominium Premium Package, 34,900 THB: adds Land Office attendance and translation on transfer day in the provinces listed above.
• Consultation, 2,000 THB per hour, credited against a package.
• Government fees (2% transfer fee, 3.3% specific business tax or 0.5% stamp duty, withholding tax) are paid at the Land Office and are never included.

Order the Condominium Package (19,900 THB)

Order a Title Deed Check (4,900 THB)

Or start with the free condo buying checklist for foreigners. Files are handled by Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556, under Sebastien Brousseau, LL.B., B.Sc., Managing Director.

Frequently Asked Questions