Best Real Estate Contracts and Negotiations Lawyers in Bueng Kum

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

Bueng Kum is a district within Bangkok, so real estate transactions there are governed by national Thai law alongside Bangkok Metropolitan regulations. Most residential deals involve either freehold land and houses evidenced by a title deed called a Chanote, or freehold condominium units. Key statutes include the Civil and Commercial Code, the Land Code, the Condominium Act, the Land and Building Tax Act, the Escrow Act, and the Real Estate Business Act. Sales of land and most rights in land must be registered in person at the Bangkok Metropolitan Land Office branch that serves the Bueng Kum area. Contracts are typically in Thai and official registration documents are in Thai. For foreigners, owning a condominium is allowed within the foreign quota, while direct ownership of land is generally restricted. Leases of up to 30 years, and certain use rights like usufruct or superficies, are commonly used alternatives. Negotiations usually cover price, payment timing, deposit and earnest money, allocation of taxes and fees, repairs and due diligence, handover conditions, and remedies for default.

Why You May Need a Lawyer

A lawyer helps you understand what you are signing, checks that the seller really owns what they claim, and protects you from costly mistakes. In Bueng Kum, people commonly seek legal help when buying a house or condominium, signing bookings or deposits with a developer, negotiating a resale agreement, registering a long term lease, preparing a mortgage, or resolving disputes with neighbors about boundaries or access roads. Lawyers conduct title searches, review encumbrances like mortgages and servitudes, confirm building permits and zoning, and draft tailored contract terms like inspection rights, escrow arrangements, penalties, and timelines. For foreigners, a lawyer can advise on condo foreign quota, remittance and banking documents for registration, lease or usufruct structures, and compliance with restrictions on using nominee shareholders. If a deal goes wrong, a lawyer can negotiate, mediate, or take formal action, and can help include clear dispute resolution clauses before problems arise.

Local Laws Overview

Ownership and title - In Bangkok and Bueng Kum most private land with houses has Chanote title, which is the highest grade and precisely surveyed. Land or unit sales must be registered at the Land Office to transfer ownership. Sales of land are only valid upon registration. A private sale agreement alone is not enough to transfer title.

Foreign ownership - Foreigners may own condominium units provided the building has not exceeded the 49 percent foreign quota and funds are remitted from overseas with proper bank documentation. Direct ownership of land by foreigners is generally not allowed, with limited exceptions under special investment promotions. Common alternatives include long term leases, usufruct, and superficies. Using nominee Thai shareholders to hold land is illegal.

Leases and use rights - Leases longer than three years must be registered to be enforceable beyond three years. Residential leases commonly run up to 30 years. Renewal clauses can be agreed but a renewal usually requires a new registration. Usufruct allows the holder to use and benefit from property. Superficies separates ownership of land from ownership of structures built on it.

Condominiums - The Condominium Act governs unit sales, co owner rights, common property, juristic person management, sinking fund, and monthly common fees. Pre sales by developers are regulated, and certain standard contract terms are required to protect consumers. Buyers should confirm building permits, environmental approvals when applicable, completion timelines, and refund conditions.

Contracts and earnest money - Under Thai law, deposits may be treated as earnest money if the contract says so. If the buyer breaches, earnest money can be forfeited. If the seller breaches, the seller may have to return double the earnest money. The exact effect depends on the wording. Many transactions use a booking form, then a detailed sale and purchase agreement, and finally registration at the Land Office.

Registration and documents - Transfers, mortgages, leases over three years, usufruct, servitudes, and superficies must be registered at the Land Office. Official forms are in Thai. Parties often use cashier’s cheques for payment at the Land Office. A power of attorney must use Land Office forms if a party cannot attend in person.

Taxes and fees - Typical items include a transfer fee calculated on the official assessed value, withholding tax, specific business tax or stamp duty, and mortgage registration fees if applicable. The split of these costs is a commercial term to be negotiated and written into the agreement. Annual Land and Building Tax applies to owners and is based on use and value.

Zoning and construction - Bangkok’s city plan and building regulations control land use, setbacks, height, and density. Before renovating or building, confirm permits and compliance. For larger projects, environmental processes may apply. In resale deals, buyers often ask for proof of building permits or as built plans.

Escrow and payments - Licensed escrow agents operate under the Escrow Act. Using escrow can reduce risk by releasing funds only when agreed conditions are met. Developers and banks may offer escrow or trustee style arrangements for off plan purchases.

Brokers and agents - Real estate brokerage is regulated under the Real Estate Business Act. Clarify agency relationships and commission obligations in writing to avoid disputes. In Thailand, commissions are commonly paid by the seller, but practices vary.

Dispute resolution - Contracts typically choose Thai law and Thai courts. Parties can agree to mediation or arbitration. If a contract is bilingual, the agreement should state which language prevails for interpretation.

Frequently Asked Questions

Can a foreigner buy land in Bueng Kum?

Generally no. Foreigners can own condominium units within the foreign quota but not land. Alternatives include registering a long term lease, a usufruct, or a superficies. Special investment routes exist but are limited and require approvals.

How do I check that the title is clean before buying?

Your lawyer can obtain a title search at the Land Office to confirm ownership, boundaries, and any encumbrances such as mortgages, servitudes, leases, or court orders. For houses, also review building permits and house registration documents. For condos, check the foreign quota and any developer or juristic person notices.

What documents are needed for a transfer at the Land Office?

Expect identification documents, the original title deed, sale and purchase agreement, cashier’s cheques or payment proof, and tax forms. If a party is absent, a Land Office power of attorney form with proper identification is required. For foreign buyers of condos, bank documents showing foreign currency remittance are needed to register foreign ownership.

Are booking fees and deposits refundable?

It depends on the contract. Booking forms often say the fee is non refundable unless specific conditions are met, such as loan denial. If a deposit is labeled earnest money, Thai law may allow forfeiture or double return depending on who breaches. Always negotiate clear refund terms in writing.

What costs and taxes should I expect at completion?

Common items include a transfer fee, withholding tax, and either specific business tax or stamp duty, plus any mortgage registration fee if financing is used. The exact amounts depend on the property, seller status, holding period, and official assessed values. The buyer and seller can agree how to share these costs in the contract.

How long can a lease be and how do I protect it?

Residential leases are commonly up to 30 years. To be enforceable beyond three years, a lease must be registered at the Land Office. Record any options or rights that you want to enforce. A well drafted lease can also include renewal mechanisms, use rights, sublease rules, and transfer conditions.

Can I assign my condo booking or change the buyer name before transfer?

Developers set their own rules. Some allow assignment with a fee and conditions. Others do not allow it until transfer. Review the booking and sale agreement carefully and get written consent if assignment is permitted.

What language should my contract be in?

Registration documents at the Land Office are in Thai. Private contracts can be bilingual. To avoid misunderstandings, include a clause that specifies which language controls if there is a conflict. Use certified translations when needed.

How do I reduce risk when paying the purchase price?

Use escrow where available, or time payments with milestones such as loan approval, due diligence completion, or handover. At transfer, use cashier’s cheques issued in the seller’s name and exchange them at the Land Office when documents are signed.

What if the seller refuses to complete after I paid a deposit?

Your remedies depend on the contract. If your deposit is earnest money and the seller breaches, you may claim the return of double the earnest money. You might also seek specific performance or damages. A lawyer should review the facts quickly to preserve your rights and evidence.

Additional Resources

Department of Lands - The authority responsible for title registration, issuing title searches, and handling transfers, mortgages, leases, servitudes, usufructs, and superficies at Bangkok Metropolitan Land Office branches serving Bueng Kum.

Bangkok Metropolitan Administration - Oversees zoning, building permits, inspections, and city planning that affect how land and buildings in Bueng Kum can be used and developed.

Office of the Consumer Protection Board - Regulates contract controlled businesses such as residential property sales by developers and helps address unfair contract terms and advertising.

Real Estate Information Center - A public body that publishes market data, housing statistics, and analyses that can inform pricing and negotiation strategies in Bangkok districts including Bueng Kum.

Thailand Arbitration Center and mediation services - Institutions that facilitate alternative dispute resolution for real estate and construction disputes when contracts include ADR clauses.

Lawyers Council of Thailand - The professional body for licensed attorneys, a useful reference when verifying a lawyer’s credentials.

Department of Business Development - The registry for companies and partnerships. Useful for checking a developer or seller company’s status, directors, and authorized signatories.

Banks and licensed escrow agents - Financial institutions and licensed escrow providers can advise on mortgage options, cashier’s cheques for completion, bank documentation for foreign condo purchases, and escrow arrangements.

Next Steps

Clarify your goal and budget. Decide whether you are buying, leasing, or securing a use right. In Bueng Kum, narrow your preferred neighborhoods and property type and set a clear price range, including taxes and fees.

Engage an independent lawyer early. Before signing any booking form or paying a deposit, ask a lawyer to review the documents. Share copies of identification, marriage status, and any company papers if buying through a company.

Conduct due diligence. Order a title search at the Land Office, review encumbrances, check the foreign quota for condos, confirm building permits and approvals, and inspect the property. For houses, review boundaries and any right of way. For condos, review common fees, sinking fund, and juristic person rules.

Negotiate key terms. Agree on price, deposit and whether it is earnest money, payment schedule, conditions such as loan approval and satisfactory due diligence, who pays each tax and fee, handover condition, default remedies, and dispute resolution. Put everything in a bilingual contract if needed.

Plan financing and payments. If taking a mortgage, obtain pre approval and coordinate with the bank on documents and timing. For foreign condo buyers, arrange overseas remittance with correct purpose wording so the bank issues the required document for registration.

Prepare for registration. Book a date with the Land Office, prepare cashier’s cheques, gather identification and company papers, arrange a translator if needed, and prepare a Land Office power of attorney if a party cannot attend.

Complete transfer and handover. Exchange cheques for signed documents at the Land Office, pay taxes and fees, and register the transfer. Afterward, complete meter name changes, collect keys and access cards, and record the handover condition in writing.

Keep records and comply with ongoing obligations. Safely store the new title deed, sale documents, and tax receipts. Pay annual Land and Building Tax. In condos, follow the juristic person rules and pay common fees on time.

This guide provides general information to help you get oriented. For advice on your situation in Bueng Kum, consult a qualified Thai real estate lawyer who can tailor the contract and process to your needs.