Best Real Estate Lawyers in Khlong Sam Wa
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List of the best lawyers in Khlong Sam Wa, Thailand
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Thailand Real Estate Legal Questions answered by Lawyers
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- I AM MARRYING MY THAI GIRLFRIEND SHORTLY. HER BROTHER OWNS THE LAND ON WHICH I WISH TO BUILD HOUSE. WHAT ARE MY RIGHTS UNDER THIS POLICY
- Thank you for your question. A foreigner is permitted to own a building, but not land. Therefore, you need to make sure that you secure ownership of the house to be built in your name. Also, you need to make sure that you have unrestricted access to the house and use of the land. We can assist you with both of these matters and ensure that your investment in the house is protected. Kindly contact us for a free consultation. You can reach us via e-mail ([email protected]), via telephone (082-256-3165) or via WhatsApp (+66822563165).
- Selling my property in Krabi
- 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.
- 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
About Real Estate Law in Khlong Sam Wa, Thailand
Khlong Sam Wa is a district located in the eastern part of Bangkok, Thailand. Over the past decade, the demand for residential and commercial real estate in this area has grown as Bangkok continues to expand. Real estate transactions in Khlong Sam Wa, including purchasing, selling, leasing, and transferring property, are governed by Thai national laws along with certain local regulations. Understanding the legal landscape is crucial for anyone involved in property matters, as procedures, documentation, and regulations can be complex and potentially confusing, especially for foreigners or first-time buyers.
Why You May Need a Lawyer
There are several situations where you may benefit from the expertise of a qualified real estate lawyer in Khlong Sam Wa:
- Reviewing or drafting sale and purchase agreements.
- Conducting due diligence to verify property ownership and potential encumbrances.
- Handling property transfers, especially when large sums of money or inheritance are involved.
- Navigating zoning and building regulations before initiating construction or renovations.
- Resolving disputes with neighbors, developers, or tenants related to land boundaries, rights of way, or contract breaches.
- Advising foreigners regarding eligibility and procedures for purchasing or leasing property in Thailand.
- Managing eviction processes or dealing with tenancy issues.
Having legal support ensures transactions are transparent, legally binding, and protect your rights as a buyer, seller, landlord, or tenant.
Local Laws Overview
Real estate in Khlong Sam Wa is regulated under the Civil and Commercial Code of Thailand, along with specific Acts such as the Land Code Act and the Condominium Act. Registration of property transfers must be done at the local Land Office. Here are some key legal considerations:
- Only Thai nationals or Thai majority-owned companies can own land outright. Foreigners may own buildings but not land, though long-term leases are possible.
- All property transactions and changes of title must be registered with the relevant Land Office.
- Due diligence on property title deeds is essential to ensure the land is not encumbered or subject to disputes.
- There are various types of title deeds, some of which offer stronger rights and protection than others.
- Transfer and specific business taxes may be applicable to real estate transactions.
- Mortgages and leases exceeding three years must be registered to be legally enforceable.
- Building regulations impose restrictions on construction, especially in residential zones of Khlong Sam Wa.
Frequently Asked Questions
Can foreigners own real estate in Khlong Sam Wa?
Foreigners cannot own land in Thailand, including in Khlong Sam Wa, though they may own condominium units up to a certain percentage in one development and can enter into long-term leases for land or houses.
What is the process of buying property in Khlong Sam Wa?
The process involves title search and due diligence, negotiating and signing a sale agreement, paying applicable taxes and fees, and then registering the transfer of ownership at the Land Office.
How can I confirm if a property is legally owned and not encumbered?
You or your lawyer should conduct a thorough title search at the local Land Office to confirm the seller's ownership and check for any mortgages, liens, or disputes.
Are there any taxes when buying or selling real estate?
Yes, there are several taxes and fees, including transfer fees, specific business tax, stamp duty, and withholding tax, depending on the transaction type and property ownership period.
Is property inheritance allowed in Khlong Sam Wa?
Thai nationals can inherit property, and in some cases, an heir’s right can be registered at the Land Office. For foreigners, inheritance may be possible only for condominiums within the foreign ownership quota.
Can I lease property in Khlong Sam Wa for a long term?
Yes, both Thais and foreigners can lease property for up to 30 years, with an option to renew. Leases longer than three years must be registered at the Land Office to be legally enforceable.
What are the risks of buying property without legal assistance?
Risks include purchasing from someone who is not the rightful owner, acquiring property with existing debts or encumbrances, misunderstandings about property boundaries, and signing unfair contracts.
Are property disputes common in this area?
Disputes do occur, often related to unclear boundaries, access rights, incomplete developments, or issues with developers. Legal advice helps resolve or prevent these conflicts.
What documents are required for a real estate transaction?
Typically, you will need identification documents, the title deed, house registration papers, sale agreement, and power of attorney if you appoint a representative. Other specific documents may be required by the Land Office.
How can I check local zoning and building regulations?
You can inquire at the Khlong Sam Wa District Office or the district Land Office for information on land use, zoning, and building restrictions applicable to your property.
Additional Resources
The following resources and organizations may be helpful for those seeking information or assistance with real estate matters in Khlong Sam Wa:
- Khlong Sam Wa District Office - for local zoning and building permit matters.
- Department of Lands - for title deed verification and transfer registrations.
- Land Office (Min Buri or Khlong Sam Wa branch) - for property registration and legal transactions.
- Law Society of Thailand - to find a qualified real estate lawyer.
- Legal Aid Centers - for those in need of free or subsidized legal advice.
- Thai Real Estate Information Center - for market statistics and laws.
Next Steps
If you are considering purchasing, selling, leasing, or inheriting property in Khlong Sam Wa, it is recommended to:
- Consult with a qualified real estate lawyer familiar with local and national regulations.
- Conduct thorough due diligence on any property.
- Understand the costs, taxes, and procedures before committing to any transaction.
- Ensure all documents are correct, complete, and properly registered at the Land Office.
- If you face a dispute or complication, seek legal advice promptly to protect your rights and investments.
Taking these steps will help ensure your real estate transactions in Khlong Sam Wa are legally sound and secure.
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.