Buying property in Thailand can be a difficult process, but it doesn’t have to be. The country’s property laws are similar to those in other countries, and a competent lawyer can help navigate the process.
The first step in the property conveyancing process is registering ownership with the Land Department, which requires many documents to be filled out and submitted. A property lawyer will make sure that these requirements are met and that all the necessary taxes are paid. This can be done in person or by a power of attorney (POA).
Next, the lawyer will prepare a purchase agreement and submit it to the seller’s legal office for review. It should include all the required clauses and be signed by both parties, possibly with two witnesses.
Finally, the lawyer will ensure that all of the relevant property transfers are completed in a timely manner and without any problems. This includes ensuring that all fees are paid, such as transfer fee, stamp duty, and other taxes, to the appropriate government agency.
A property lawyer will also make sure that all necessary contracts are signed and executed properly, such as a sale and purchase agreement, lease agreement, and mortgage registration. These legal documents are critical in the process of property conveyancing, as errors in them can cause delays or even lead to a cancellation of the transaction.
One of the most common mistakes in real estate transactions is failing to get title insurance for a property. This is particularly important if the property will be used as an investment, and can protect against any possible loss in value due to unfavourable weather conditions.
Another common mistake is failing to obtain proper title deeds for a property. A Thai property lawyer can assist with this process and advise on the best type of deed to purchase, including whether or not to acquire a freehold title (Chanote) or a leasehold (Nor Sor Sam Gor).
Condo Law
If you’re interested in purchasing a condominium, it is crucial that you obtain the proper documentation for the transaction. These documents should include a lease agreement and a purchase agreement, which will be required to be registered at the Land Department.
You can purchase a condominium in Thailand for a number of reasons, including as a retirement home or to make money by leasing it out. This is one of the most popular types of properties for foreigners in Thailand, and it can be a good option to consider when looking for an investment opportunity.
Often, a foreigner will choose to form a Thai company to own the real estate. These companies can be set up in various ways, and there are a number of benefits to using this method.
The main reason to use a Thai company is that they will take care of the property conveyancing in Thailand, and you won’t need to provide proof of your ownership. This is a great way to save money on real estate transfer costs and can also reduce the chances of property scams.