How to Successfully Acquire Property in Thailand

How to Successfully Acquire Property in Thailand.buyers to see if they are satisfied with the quality
Living in Thailand is a dream for many foreigners whoand time frame of construction. If you don't have
wish to escape the cold winters and the high cost ofthe time to spend on checking the history of the
living in their home country. Thailand offers thedeveloper, a local lawyer near the development will
foreigner many benefits including beautiful beaches,know or can check the project, its directors and their
tasty food, friendly people, world class health carereputation.
and inexpensive property. Many foreigners come hereDeposit
to retire and others come only part of year to enjoyWhen you feel satisfied with the property and it
what Thailand has to offer. For those to desire tomeets your expectations, you will be asked to make
long stay in Thailand, the ability to acquire property isa deposit to show your good faith to continue the
an important issue. A substantial amount of their lifeprocess. In return, the Seller will reserve the property
savings is used to acquire this dream property. Fromfor you and start the process by drafting the
the perspective of a Legal Advisor, I would like tocontracts for purchase. Unless you write specifically a
share with you the process to successfully acquire"get-out" clause in the deposit agreement, for
property in Thailand.example "subject to clear title" or "subject to
Select a Property Agentagreement on the contract terms," the money
Since you will be looking for property in a foreigndeposited is non-refundable.
country you need expert local assistance. The agentReview of Contracts
knows how to communicate in Thai and they'reNow you are ready to proceed to acquire the
familiar with the geographical area. They can showproperty upon verification of a clear title. The Seller
you many quality properties in their inventory.will have the contracts prepared for you. Since the
Typically, a good agent will weed out the poor qualitySeller will write the contracts, it is highly
units. They want satisfied clients and they will avoidrecommended that you have a lawyer or solicitor
problematic developments. The agent will save youreview the terms and conditions. First, you want
valuable time in selecting and showing you theprotection for yourself should there be a delay in the
property in your price range that meets your needs.property being built. A proper remedy should be
I can honestly say that purchasing directly from thestated in the contract. Second, the Seller will state a
developer isn't going to save you money versuspenalty if you are late with your payment. This
buying it from agent. A quality property for sale inshould be fair and reasonable to both parties. Finally,
Thailand is generally offered at a fixed price by theyour payment schedule should be reasonable and
Seller. The best benefit of using a property agent ispractical. Normally, a first payment is 25 percent.
that they will act as a liaison between you and theThereafter payments are made on a progressive
Seller. They will obtain a fair price for you and act onbasis: 25 percent when the roof is on, 25 percent
your behalf to represent your best interestswhen the door and windows are secure; and 25
throughout the entire process.percent when the fixtures and fittings are completed.
Legal PlanningYour lawyer will make recommendations and these
Before you sign any deposit agreement or contract,concerns will be given to the Seller for amendment
you should sit down with a lawyer or solicitor toof the contracts before you sign.
discuss the legal process. You need to know theHow to Pay
correct legal process in Thailand for the foreigner toYou will transfer funds into Thailand from overseas
acquire property. Remember that you are spendingfor the purchase. The funds transferred will be in
part of your life savings to acquire this property andforeign currency and converted by the Thai Bank to
you must carefully plan your steps in the process.Thai Baht. A British couple for example will transfer
Siam Legal offers free legal consultation to potentialSterling from their London bank and wire to the bank
property buyers. You should get the legal facts ofin Thailand. The Thai bank will convert the funds into
the property and contract laws in Thailand beforeThai baht and deposit it into local bank account. The
you deposit any money.Thai bank will issue a Foreign Exchange Form to
Legal Structureconfirm the transaction. The bank will only issue this
In Thailand, a foreigner may only own a condominiumform if the transaction is over $20,000 USD. When
in his/her own name. If the foreigner wishes toyou wish to repatriate the funds back to your home
acquire land and build a house, he/she should obtain acountry, you will need to show the Foreign Exchange
long term lease on the land, typically 90 yearsForm and supporting documents. Your lawyer or
(registered 30 years initially and two renewals of 30solicitor in Thailand can act as an escrow agent and
years each). The foreigner should apply for thedisperse the payments to the Seller per your
construction permit to build the house in their owninstructions.
name. This way the foreigner owns the house andConstruction Phase
has a secured long term lease on the land. The leaseThe building of your dream house will take time for
is written with the option to reassign to anotherthe construction. The rainy season in Thailand
person (if you sell), ability to sublease and with asometimes runs longer than normal which can delay
purchase option (should the law change in the futurethe process. A good developer will keep you posted
to allow freehold ownership by the foreigner).on the progress of your house construction. Photos
Therefore, a lease is the most common legal methodshould be provided by the Seller to you at each
for the foreigner to acquire property in Thailand.stage if you are not in the country. Your property
Title Investigationagent should work for you in this time period to
A comprehensive examination of title deed recordedanswer any questions you may have about the
at the Land Department should be done. You needprocess or timeline for the completion of the
to verify that the Seller has clear and legal title of theconstruction.
land before you enter into a contractual agreement.Handover of Property
The title search will trace the land to its firstAt the conclusion of the construction period, you will
possession. This investigation will also verify the rightreceive notification from the Seller that your
to vehicle & utility access to your property; provideproperty is ready for inspection. You or your
the residential zoning, environmental and planningrepresentative will go to the property site and
codes in the area and show any registered mortgageconduct a thorough inspection for any defect in
or liens on the land. It is a good idea to make sureconstruction or materials. Once you have accepted
that you can build a structure on the land. Also youthe condition of the property, you will go to the Land
need to find out if you have legal access to driveDepartment for the transfer or registration process.
your car to it. Don't take the word of anyone whoIf you lease the land, the registration of the lease will
tells you it has been checked before. The lawyertake place. If you are not able to appear in person, a
conducting the title investigation will provide you a fulllawyer or third party can represent you by means of
report and a copy of the title deed in Englisha Power of Attorney.
language.Warranty
Due DiligenceThai Government regulations provide for 5 year
Every financial transaction requires some sort of duewarranty on main structural parts. A one year
diligence on behalf of the purchaser to verify that itwarranty is generally offered in most contracts on
is a sound investment. When you purchase shares ofcomponent parts or accessories which are major
a company listed in stock market or a mutual fundparts of the building. A good developer will be quick
you will generally research the profile andto respond to requests for repair of any defects.
performance of the company or fund. The same isKeep this in mind when you are asking your
true when you purchase a property from aquestions during the due diligence process.
developer. You should check with the previous