Best Real Estate Contracts and Negotiations Lawyers in Bueng Kum

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Thailand Real Estate Contracts and Negotiations Legal Questions answered by Lawyers

Browse our 3 legal questions about Real Estate Contracts and Negotiations in Thailand and the lawyer answers, or ask your own questions for free.

Selling my property in Krabi
Real Estate
Real Estate Contracts and Negotiations
Real Estate Due Diligence
Dear Sir / Madam,We provide legal service for poperty sale and purchase transaction, we do provide legal service for drafting Sale and Piurchase Agreement as well as assisting in ownership transfer registration. Our fee is THB 18,000 for Sale and Purchase Agreement and THB 18,000 for arrangement of transfer registration. (Our fee is subject to 7% VAT)Please feel free to contact us at durectly.
Estate dealer Will not pay back.
Real Estate
Real Estate Contracts and Negotiations
Real Estate Due Diligence
In this case, it's crucial to pursue legal action to recover the funds. Seek out a reputable lawyer with expertise in real estate and contract law, preferably someone familiar with cases in the Hua Hin area. Provide all evidence of payments made and details of the contract terms. A competent lawyer will guide you through the legal process, potentially involving negotiations or litigation to ensure your wife receives the refund she is entitled to under the contract.At Mahanakorn Partners Group (MPG), we boast decades of combined experience in handling intricate real estate transactions, including cases similar to yours. Our team is well-versed in navigating the complexities of Thai real estate law and ensuring that our client's interests are vigorously protected. We would be delighted to offer our expertise and assistance in resolving this matter, providing you with the dedicated legal representation needed to pursue your rights and secure the refund your wife rightfully deserves.Contact us directly
What are my legal rights given the situation as described below?
Real Estate Contracts and Negotiations
Real Estate
Real Estate Due Diligence
Max Law Firm International. We are a full service law firm based in Bangkok, Thailand serving with all legal services to locals and expats since 2010. Please contact  us at : [email protected] 

About Real Estate Contracts and Negotiations Law in Bueng Kum, Thailand

Real estate transactions in Bueng Kum are governed by national Thai law and administered locally through Bangkok authorities. Most rights and procedures come from the Civil and Commercial Code, the Land Code, the Condominium Act, and related ministerial regulations. Bueng Kum is a district within Bangkok, so registrations and taxes are processed through the Bangkok Metropolitan land administration system. Whether you are buying a condominium, selling a townhouse, leasing land for a small business, or negotiating a construction contract for a home, properly drafted agreements and correct registration at the appropriate land office are essential to make your rights enforceable.

Contracts can be in Thai or bilingual, but registrations at the land office must be in Thai. Transfers of ownership, long term leases, mortgages, usufructs, and other real rights must be registered to be effective against third parties. The process is formal and document driven, and careful due diligence on title, zoning, and encumbrances can prevent costly disputes later.

Why You May Need a Lawyer

People in Bueng Kum often seek legal help when buying or selling land or a unit, negotiating a long term lease for a home or shop, reviewing off plan developer contracts, structuring lawful ownership for foreign spouses or investors, drafting co owner or joint venture agreements for small developments, conducting title and encumbrance checks before paying a deposit, resolving defects and delay claims against developers or contractors, registering mortgages or usufructs to secure loans within a family, handling estate transfers of property after a death, and navigating tax, fee, and spousal consent issues at the land office. A lawyer can translate commercial terms into enforceable Thai language clauses, identify risks that require registration, ensure the correct forms and powers of attorney are used, and represent you in negotiations so you do not agree to terms that are hard to perform or impossible to register.

Local Laws Overview

Title and registration. Thailand recognizes several classes of land title deeds. In Bangkok, most usable land has full title deed known as chanote. Ownership transfers, long term leases of more than 3 years, mortgages, usufructs, superficies, and servitudes must be registered at the land office where the land is located to bind third parties.

Sales and deposits. A sale of real property is perfected by registration at the land office. Parties often sign a reservation or deposit agreement first. Under Thai law, true earnest money can be forfeited by the buyer if the buyer defaults, and the seller may be liable to return double if the seller defaults. The exact outcome depends on the wording of the contract and the cause of default.

Leases. A lease of immovable property that exceeds 3 years must be registered to be enforceable beyond 3 years. Maximum lease term is typically 30 years. Renewal options are contractual promises and do not automatically bind successors unless the renewal is re registered. Subleasing and assignment usually require the landlord’s consent.

Condominiums. Foreigners may own condominium units in freehold within the foreign ownership quota, which is capped at 49 percent of the total unit area in a condominium project. Transfers require a letter from the condominium juristic person confirming common fee status, and foreign buyers must show evidence of foreign currency remittance for registration. Review building regulations, house rules, sinking fund, and any special assessments before signing.

Foreign ownership restrictions. Foreign individuals generally cannot own land in Thailand. Alternatives include leasing land, registering a superficies to own a house on another’s land, or owning a condo within the quota. Special routes for land ownership exist but are narrow, such as investment based approvals subject to strict conditions. Nominee structures to evade restrictions are illegal.

Marital property. If a Thai spouse owns land acquired during marriage, it may be marital property that requires spousal consent for sale, mortgage, or lease. The land office can require the spouse to attend and sign consent documents.

Taxes and fees. On a typical sale, the land office collects a transfer fee, withholding tax, and either specific business tax or stamp duty depending on the seller’s status and holding period. For leases, there is a lease registration fee based on total rent over the term and stamp duty. Mortgages have a separate registration fee calculated on the loan amount. Parties can negotiate who pays which items, but the land office will not complete registration until statutory amounts are paid.

Construction and renovations. Construction must comply with the Building Control Act and the Bangkok Comprehensive Plan. Building permits are issued by the district office. If you build on land you do not own, consider registering a superficies or a long term lease with clear rights to build and own the structure.

Dispute resolution. Thai courts have jurisdiction over real property located in Thailand. Contracts can include arbitration clauses for monetary disputes, but issues of registration and real rights are typically handled by the courts. Choice of law for rights in Thai land will be Thai law.

Language and formality. Land offices use official Thai forms for transfers, leases, mortgages, and powers of attorney. If you sign a power of attorney abroad, it must be notarized and legalized as required and often must be dated recently to be accepted. Bilingual contracts are common, with a clause stating which language prevails. Thai language typically prevails at registration and in court.

Frequently Asked Questions

What documents do I need to buy or sell property in Bueng Kum?

Expect to present the original title deed, national ID or passport, house registration book for Thai owners, marriage certificate and spousal consent if applicable, a condominium juristic person letter for units, a bank release if there is a mortgage, and the signed sale agreement. If acting by agent, use the land office power of attorney form with proper legalization if signed abroad.

Can a foreigner own a house or land in Bueng Kum?

Foreigners generally cannot own land. They can own a condominium unit within the foreign quota. For a standalone house, a common structure is to lease the land and register a superficies to own the building. Any attempt to use Thai nominees to hold land on behalf of a foreigner is unlawful.

How long can I lease property, and is renewal guaranteed?

Leases can be up to 30 years and must be registered if longer than 3 years. Renewal options are contractual promises and are not automatically binding on successors unless the renewal is re registered. Treat a renewal as a right to negotiate another registration rather than an automatic extension.

What taxes and fees apply when I sell?

At the land office, there is a transfer fee calculated on the official appraised value, withholding tax withheld from the seller, and either specific business tax or stamp duty depending on the situation. The exact amounts depend on the property type, holding period, and whether the seller is an individual or company. Your lawyer can estimate these before you sign.

Is a private sale contract enough without registration?

No. For transfers of ownership in land or condo units, registration at the land office is required to complete the transfer. A private contract sets obligations between the parties, but it does not change ownership until registration is done.

How do I check if the title is clean?

Conduct a title search at the land office covering the property to confirm ownership, boundaries, and any encumbrances such as mortgages, servitudes, court orders, or registered leases. For condos, request a letter from the juristic person regarding arrears and rules. Physical inspection and boundary verification are also recommended.

What should I look for in a developer’s off plan contract?

Confirm completion dates, penalties for delay, defect liability periods, unit specifications, common area responsibilities, and escrow arrangements if any. Some residential developer contracts are subject to consumer protection regulations that mandate fair terms. Have the Thai version reviewed to ensure it matches the English version.

What is earnest money and what happens if a deal falls through?

Earnest money is a deposit that demonstrates intention to proceed. If the buyer defaults, it can be forfeited. If the seller defaults, the seller may have to return double. The outcome depends on the contract wording and the reason for termination, so be precise when drafting the deposit clause.

Do I need my spouse at the land office?

If you are married and selling, mortgaging, or leasing property that is marital property, the land office will usually require your spouse to attend and sign consent forms. If your spouse cannot attend, prepare a proper power of attorney and consent in advance.

Can I include foreign law or arbitration in my contract?

You can include an arbitration clause for contractual disputes and can choose a foreign governing law for some obligations. However, rights in Thai immovable property and land office registrations will be governed by Thai law. Thai courts remain the forum for many real estate issues.

Additional Resources

Department of Lands, Ministry of Interior. Provides title records, registration procedures, fees, and official forms used by land offices in Bangkok.

Bangkok Metropolitan Administration and Bueng Kum District Office. Handles building permits, local planning and zoning under the Bangkok Comprehensive Plan, and local administrative services.

Condominium Juristic Person for your building. Supplies project regulations, financial statements, common fee status letters, and approvals needed for transfers or renovations.

Consumer Protection Board. Oversees contract controlled businesses, including certain residential developer contracts, and can assist with unfair terms issues.

Lawyers Council of Thailand and local legal aid centers. Provide lawyer referrals and basic legal assistance for qualifying individuals.

Thai Arbitration Institute and Thai Arbitration Center. Offer arbitration services if your contract includes arbitration for commercial disputes.

Office of the Revenue Department. Publishes guidance on withholding tax, specific business tax, and stamp duty related to property transactions.

Next Steps

Clarify your objective and timeline. Decide whether you are buying, selling, leasing, financing, or building, and set a realistic schedule for due diligence and registration. This helps you negotiate dates and penalties confidently.

Engage a local lawyer early. Have a Thai qualified lawyer review or draft the sale or lease agreement, prepare bilingual clauses, and confirm what must be registered. Ask for a written checklist of documents and fees.

Order due diligence before paying large deposits. Conduct a title and encumbrance search, review zoning and building restrictions, inspect the property, and for condos review juristic person documents and budgets.

Negotiate commercial terms with legal enforceability in mind. Align payment milestones with verifiable events, define default and remedy clauses, specify which party pays each tax and fee, and ensure the Thai text reflects the agreed terms.

Prepare for registration. Gather IDs, marital documents, corporate documents if applicable, bank letters for loans, and the correct land office power of attorney if you cannot attend. Confirm the responsible Bangkok land office branch for the property.

Plan post completion tasks. Update utility accounts, register address changes, calendar tax deadlines, and keep copies of all land office receipts, tax invoices, and certified document copies.

If a dispute arises, act promptly. Many claims have short limitation periods. Preserve evidence, notify the other party as required by the contract, and seek advice on negotiation, mediation, arbitration, or court options.

This guide is general information. For a specific transaction in Bueng Kum, consult a Thai lawyer who can tailor the contract language, registration steps, and tax planning to your situation.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.