Property Legal Services in Thailand Available for Foreigners
When it comes to property legal services in Thailand, there are three main areas that foreigners should consider. The restrictions on land ownership are less strict compared to building ownership. Foreigners can opt for a 30-year lease on a plot of land. If they want to purchase the property later, they should hire an experienced lawyer to make sure the lease will be renewed for the full term. A Secured Lease, also known as a Protected or Collective Lease, requires the tenant to sign a sale and purchase agreement with the developer.
Property Due Diligence in Thailand
If you are interested in purchasing property in Thailand, you should conduct Property Due Diligence in Thailand before deciding to purchase. This process will ensure that you are not dealing with a fraudster and that the property you are considering is legally titled to you. Due diligence will also help you check the owner's position and status. Scams and fraudsters are everywhere, so it's important to be careful to avoid disappointment and losing money. A law firm specializing in real estate in Thailand can help you in this process.
It is important for you to be aware of the various legal risks associated with purchasing a property in Thailand. You should hire an attorney or property practitioner to review the property documents and conduct a land title search in Thailand. Once the due diligence process is complete, you should prepare a property due diligence report. This is particularly important if you intend to sell the property. Moreover, the process of acquiring a property should be easy if you've done your due diligence.
Legal Review of Contracts in Thailand
If you are a foreigner planning to purchase property in Thailand, then it would be in your best interest to hire a legal practitioner to handle your contract review. This is essential because top officials in the country might have their heads full of other things and may not have the time to conduct a thorough review of your contract. In addition, a lawyer's litigation experience can save you a lot of time and trouble.
In Thailand, contracts entered into by foreigners are valid and enforceable. However, if a contract is illegal or contrary to good morals, it may not be valid or enforceable in the country of the parties. In other words, a contract entered into by a foreigner may be null and void if it is not enforceable in the country of its nationality. The same goes for a contract made in another country.
Thai Title Deed Transfer at the Land Office
Getting a Thai Title Deed Transfer at the Land Department can be a long process, and it can be expensive. However, foreigners can avoid this hassle by establishing a Power of Attorney. This document allows a person of your choice to transfer your title deed on your behalf. This representative could be a friend, a lawyer, or a representative of the developer or Keller Henson team.
To transfer your title to a Thai land, you must obtain a Nor Sor Si (4) Jor. This title is the legal ownership of a piece of land in Thailand. You can use the Chanote to sell, subdivide, transfer, and assign the property. It is also advisable to obtain two copies of the title deed. If you wish to transfer your Thai land to someone else, it is best to obtain a copy of the title deed from your country.