Thailand

Four secrets about property investments in Thailand

This topic contains 3 replies, has 2 voices, and was last updated by Profile photo of Florian Bansac Florian Bansac 4 months ago.

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  • #7212
    Profile photo of Dr. Ulrich Eder
    Dr. Ulrich Eder
    Participant

    Regarding a land acquisition the buyer should be fully aware that the registrations at the land office (e.g. on the title deed) base on the untested, unexamined and not reviewed statements of Thai individuals without legal liability, without legal background and without impartiality. Neither the registered owner, nor the land office nor the Thai government takes over any legal responsibility or guarantee for the correctness and completeness of the registrations.

    Thailand is a highly regulated jurisdiction. License requirements, environmental laws, zoning regulations and a wide range of decrees create a thick and tricky undergrowth of requirements, necessities and prohibitions – in most cases not available in an English translation.

    Regarding houses, villas and other improvements there is the high likelihood, that their legality under the laws of Thailand and the existence of construction and other permits have not been properly reviewed by the authorities. Existing permits and licenses might have been void due to incorrect decisions or corruption and, as a result, subject to immediate revocation. On the other side, there is now a steadily increasing likelihood that the authorities request that the buyer fulfills all legal requirements in the future.

    Under Thailand’s civil law system the responsibility for the legality and usability of purchased goods is with the buyer. Representations and warranties in the purchase contract, which moderate the buyer be aware principle are hard to negotiate, harder to enforce and in most cases useless.

    #7214
    Profile photo of Florian Bansac
    Florian Bansac
    Participant

    Thanks for sharing!

    I guess these recommendations for land and houses are only concerning companies, since foreigners can only own condominiums in the limit of 49% of foreign-owned condos in a building. Is that right?

    • This reply was modified 4 months ago by Profile photo of ASEAN UP ASEAN UP.
    #7216
    Profile photo of Dr. Ulrich Eder
    Dr. Ulrich Eder
    Participant

    No, these remarks are valid for the Thai condo market as well. Limitations of foreign property investments are a different story.

    #7219
    Profile photo of Florian Bansac
    Florian Bansac
    Participant

    I am no expert, but I guess your introductory tip should mention that foreigners (non-Thai people) are not allowed to acquire land or houses.

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