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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.
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Before paying a deposit on a Bangkok property, establish three things: who owns the property, which rights you are buying, and what happens if the transfer fails. A reservation form signed in a sales office deserves the same attention as the final purchase agreement. The deposit terms often determine how much room you have to withdraw.
ThaiLawOnline assists with title checks, purchase contracts and Land Office transfers. Send the title deed and proposed agreement early enough for problems to be resolved before the payment deadline.
Choose a lawyer by the work included
Ask who will check the Land Office records, who will explain the findings, and who will attend the transfer. A contract review and a full property investigation are different services. The written scope should identify the property, documents to examine, exclusions, fee and expected delivery date.
A useful report tells you what a problem means for this purchase. An existing mortgage requires a discharge arrangement. Access over another owner’s land requires a legal basis. A seller’s promise to supply missing documents later requires a deadline and a remedy in the agreement.
Our property guide for foreign buyers explains the main ownership and use arrangements.
What we check before you commit
| Work | Questions to resolve |
|---|---|
| Title search and due diligence | Does the seller have authority to sell? Which mortgages, leases, servitudes or other registered rights affect the property? Does the agreed scope cover access, boundaries, construction and permits? |
| Contract review | When is the deposit refundable? What must each party provide? Who pays each tax and fee? What follows a missed deadline or failed condition? |
| Transfer preparation | Are the originals, powers of attorney, payment arrangements and supporting certificates ready for the responsible Land Office? |
| Registered use rights | Would a lease, usufruct or superficies fit the intended use? What happens on death, sale or termination? |
Buying a condominium as a foreigner
Foreign condominium ownership is subject to eligibility requirements and the building’s foreign ownership quota. Section 19 bis of the Condominium Act sets the ceiling at 49% of the total area of all units. A unit being advertised to foreigners does not establish quota availability.
Obtain the condominium juristic person’s confirmation and arrange the required financial evidence before transfer. For a buyer relying on money remitted from abroad, agree the currency, beneficiary details and supporting bank documents before sending the money. Sorting out an incorrectly documented transfer afterwards creates avoidable work.
For a resale, also review common-area charges, outstanding liabilities, the condition of the unit and the handover arrangements. Legal due diligence does not replace a physical inspection.
Land, companies and a Thai spouse
Foreign ownership of land is restricted. Marriage to a Thai citizen does not create a general right to own land. Nor does paying for land registered in someone else’s name make you its registered owner.
Do not accept a company with name-only Thai shareholders as a shortcut. Nominee arrangements carry serious legal risks. A particular share percentage or voting arrangement is not a guarantee of compliance. Review the genuine business, investment, shareholders and applicable ownership rules together.
Where a Thai spouse purchases land, examine the required declarations and the source and legal character of the purchase funds before signing. If you intend to finance a house or retain occupation rights, document the proposed arrangement separately. A lease, usufruct or superficies creates a different right from ownership of the land; choose according to the intended use and the consequences for both spouses.
Confirm the Land Office from the title
Use the title details to confirm which Land Office handles the registration. A neighbourhood name such as Sukhumvit or Sathorn is not enough to settle jurisdiction. Send clear copies of both sides of the title and the property address before arranging attendance.
Confirm the office’s document requirements, any required consent, the proposed power of attorney and the payment method in advance. A planned transfer date remains dependent on complete documents and any mortgage discharge or other outstanding condition.
Building or buying off-plan
A construction agreement needs specifications, drawings, payment milestones, a completion date and a workable response to defects or delay. Tie payments to defined work. Avoid paying most of the price before there is enough completed work to justify the payment.
Check the rights over the site and the relevant approvals separately from the contractor’s promises. For an off-plan purchase, examine the developer’s obligations if construction, registration or handover is delayed. A persuasive brochure is no substitute for those terms.
Legal fees and transfer costs
Our legal fee schedule lists the available services. Request a written quote stating whether searches, travel, translations, registration attendance and official charges are included. The amount payable to the government is separate from the lawyer’s fee unless expressly included.
Transfer tax is not a single percentage of the purchase price. The seller’s status, official valuation, acquisition history and applicable exemptions affect the calculation. Company and individual sellers also have different withholding-tax rules. The Revenue Department specifies 1% withholding for a company seller, calculated on the higher of the sale price and appraised value; an individual seller requires a separate calculation.
Ask for an itemised estimate using the facts of the transaction, then confirm the applicable charges with the Land Office. Check the conditions and effective dates of any temporary fee reduction. Do not assume a concession advertised for Thai buyers applies to a foreign purchaser. Our property tax guide explains the categories to consider.
Send the documents before the deadline
For an initial review, send:
- The front and back of the title deed.
- The reservation form, proposed contract and any amendments.
- The agreed price, deposit receipts and payment schedule.
- Any mortgage, lease or other relevant documents already supplied by the seller.
State the next payment or signing deadline in your message. Book a consultation or email info@thailawonline.com. For services outside Bangkok, see our Thailand property services.
Sources: Department of Lands registration guide; Revenue Department, company-seller withholding tax; Revenue Code, individual income tax provisions.
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