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It is a good time to buy property
in Thailand but please be aware you cannot buy a house and land in your
name unless you spend 40m baht.You need to take a 30 year lease out for
all foreign ownership with a Thai. Banks are lending & property prices are now dropping
due to the insecurity of the present economic situation. The
exchange rate is roughly around Baht 36 = US$1.
LAND
AREAS: 1 rai = 4 ngarn = 400 wah2 = 1600 m2; 1 talang wah = wah2
= 4 m2; 1 acre = 2.53 rai & 1 ha = 6.25 rai.
To date foreigners may
own
- a unit in a registered Condominium
- a
building (as distinct from its land)
- a
registered leasehold of up to 30 years for all types of titled land
(and/or buildings).
- a company can purchase land and buildings but will be inspected and
all Thai shareholders veted.
- more than 49% of a condominium unless in Company form.
- foreigners can own land being 49% in a company but the company must operate a business & shareholders interviewed so not that easy anymore
- if you invest 40m baht you can buy 1 Rai of land in Thailand outright.
USING OUR SERVICES:
ADVERTISE YOUR HOUSE OR PROPERTY ON OUR WEBSITE. NO BROKER FEES
NO COMMISSIONS TO PAY [ CHECK THIS OUT ]
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WHATEVER YOU BUY OR
BUILD IT PAYS TO ASK THE EXPERTS & GO SLOWLY |
Who can buy & own a condominium in Thailand?
Any foreigner or expat can buy a condominium.
Currency how to Pay:
Most negotiable foreign currency can be used to purchase a condominium. The foreign currency MUST be transferred into Thailand as foreign currency and exchanged by the handling bank in Thai baht.
Documents needed for buying a condominium:
Proof to the Land Department that funds have been remitted from overseas in foreign currency. Without the Land Department will not permit the transfer of ownership to the foreign buyer.
1. Remittances must be sent in exactly to the same name as that on the purchase contract, bank account.
2. Transfers of funds MUST be made in foreign currency only NOT Thai baht.
3. Amounts transferred must be over $5,000 to obtain a Thor Tor 3 form. (The bank will NOT Issue a Thor Tor 3 form for amounts less than $5,000.) Make sure your installment schedule are over $5,000.
4. The purpose of the remittance MUST be stated. This should be “For the purchase of a condominium”. The Bank of Thailand’s code for this is 5.22. A condominium title (first established under the condominium act of 1979) is a title to a part of a building or buildings with multiple owners, and a fractional interest in the land (always a Chanot) and other common assets (such as a swimming pool) and common parts of the building (such as the stair well or lobby). The title will state the floor area of the private apartment, the ground area of the common land and the percentage interest which that apartment has in the common property. This percentage also represents the value of the voting interest in the condominium company or owners’ association.
Buildings “other than condominiums” do not have any form of title document, but their sale or long lease can be registered at the Amphur (district) land office. Proof of ownership, must be established either from proof of construction or document showing previous sale-purchase (not to be confused with the House Registration document, which is only a register of the house’s occupants).
Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership).
Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.
5. Check plans if a new condo & the Company selling & in particular where the condos are situated & if any walls outside or future plans as you may be looking at a wall instead of th sea in future years. One guy lost 4m baht as he bought a lift shaft & although the Court ruled in his favour it may takes years to get his money reimbursed? He paid for a condo in Pattaya that was advertised as a condo??
OTHER IMPORTANT ASPECTS: Check security, how often changed; Sinking fund; Condo Management committee if any & be careful buying unfinished condos as the recession may see many more going against the wall in Thailand in 2009
BUYING
A CONDO:
A foreigner can ONLY own a condo in
his / her name OUTRIGHT. You cannot own a house and land in your name unless you
invest 40m baht = 1 Rai of land. Bank's do not lend to foreigners;
only Thais or Companies and you must lease, or have a Thai Company to own
a house in your name. Ask us if you wish to borrow (must have
overseas collateral).
Just a note about buying Condos. ---Find out what the monthly maintenance
costs are from the managers. Ask for this in writing. Avoid unfinished
projects as they may run out of money or be over mortgaged. If very few condos have been
sold in a building with good amenities like landscaped grounds, security
Guards and a receptionist and office have the title searched but most of
all someone has to pay for all this, plus
the electricity for lighting and lifts. The total cost (often inflated) has
to be divided up among the condo owners, which can be a lot if only a few
units have been sold. Ask for an exact statement of maintenance costs and
how they are paid. If the project has different size condos in the same building, large units will pay more towards maintenance costs than small
units. If you are a legal resident you can obtain a mortgage but you
need to check with your bank and credit. The best idea though is pay
cash as you can negotiate but you must remit from abroad. In Bangkok look at around 25,000 -100,000
baht per sq m. A foreigner can only buy max 40% of a condo unit so if
that 40% has been taken up and you are the 42% person you may find you
are buying a lemon so to speak. If the developer owns a majority of
units you may not like his manager but if the owners have majority votes
than they can remove him.
The Condominium Act has been
amended. Now 49% of units in all condominiums and 100% of units in
condominiums in a total development area under 5 rai located in Bangkok,
all municipal districts and such other areas as shall hereafter be
announced by the Minister of the Interior (which is expected to include
rural Phuket) can be foreign owned. Funds used to buy a condominium
& remitted from abroad are recorded by a Thai Bank on a Tor Tor Sam.
Purchases of condominiums by foreigners come under the Condominium Act
B.E. 2535 (1992). The owner of each condominium is issued with a
certificate of unit ownership. The certificate also has a statement with
percentage rights over the common areas of the building each owner has.
[ Check more Condo tips ]
WHY USE OUR SERVICES:
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We work for you (Both Thai &
foreign consultants ) |
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No hidden charges-everything is up
front. |
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Guaranteed conveyancy help &
Company, work permit & land setup for foreigners |
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We will sell your Commercial property,
houses, businesses, bars and Guest Houses |
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Because you have the benefit of
foreign help with our Thai lawyers and expat consultants |
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We offer: Full
house onsite appraisals. Cost is 5000 baht for a house under 2 years
old & 6000 baht for older houses ( plus travel if out of town ). This 5-6 page report
is a must if you want to know what your house is really like which
includes pics of repair work needed and we even do a air con survey
(extra). |
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We now conduct consultation at your Hotel if you require assistance with
any Business ideas or housing advice with our foreign consultant. |
BUYING
A BUSINESS:
Thailand differs from
every other country and when you decide to buy a service or hospitality
business here the first and most foremost thing you do is ascertain who
your management structure will be. If you think you can buy a business
for under 1m baht and make it forget it. With any business you now need
a company for safety and if you want to work with work permit and have
the premises under the Company name. The days have gone where you can
run a business and make a profit when you only have 500,000 baht. The location is second to
management and if
you do not have your management sorted out first then you will find it hard to make
headway in Thailand eg. honesty. Running a company with 4 employees,
paying taxes etc you need 500,000 baht for the first year in fees alone
and remember whatever you go into the off or low season is from April= November
so make sure you bring plenty of money. [ SEE MORE ON
BUYING A BUSINESS ]
FREIGHT
FORWARDER FOR YOUR HOUSEHOLD GOODS & ANIMALS:
Thailand can offer many
foreigners moving household belongings to and from Thailand. If you need
to ask then check out [ FREIGHT
FORWARD COMPANIES ]. If you have animals and pets like a dog
please ask a freight forwarder and Vet in your country. [ Click
to see more info ] on bringing your pets to Thailand.
USING
A LAWYER:
Do what you would do back
home & take our advice. USE A LAWYER but be careful there are good
and bad lawyers here????? When using the services
of a lawyer please be considerate and talk slowly. Although many lawyers
speak English it is not there first language and be slow and patient
when stating your case especially if you have just been rolled by your
girlfriend???. There understanding of what you are trying to say
maybe is not what they are thinking so when talking use local layman
speech not heavy doctrine. Do not stand and demand like one will do in
the west. Do not look down at a lawyer who is sitting down while you are
standing. You are in Thailand not in the West. Do not shout and make
demands or bang your fist on the table because you gave all your money
to the "local bargirl" & now are crying!!!. Why? Some Thai
lawyers will simply turn there back and close you out. You may even lose
the money you gave. Simply speaking if you are rude and act like one
does in the west then forget using a lawyer here. Thailand people are
very patient and they do not like to be threatened or placed in
situations where they do not understand the falang. Remember if you have
a litigation case pending here in Thailand it can take many years to
process & lots of money and court sittings that just drag on and on
but this is Thailand and one must abide by their rules. If you lend
money to a foreigner or anyone in Thailand do by way of contract and
secure assets off the borrower. 9 time out 10 you will not get your
money back.
If
you have a property to rent, sell or lease in Thailand then WRITE TO US
as we can advertise for you in our hardcopy news in Chiangmai .
New property law
stuns foreigners
Bangkok (dpa) - Thailand's booming property sector has been thrown into
confusion by a new regulation issued this month that requires all partly
foreign-owned companies to prove the source of their funding before
purchasing land, industry sources said Tuesday.
The new Interior Ministry regulation that went into effect on May 25 2006
has already started to slow sales of housing estates in Thailand's popular
seaside resorts, such as Pattaya, Phuket, Hua Hin and Samui Island, which
have been specifically targeting well-to-do foreigners as vacation
getaways or retirement homes.
Thailand has strict laws prohibiting foreigners from directly purchasing
property themselves although loopholes in the law allow them to own land
and their houses through long leases or a "nominee company,"
providing the company is majority Thai-owned.
It is common practice for such "shell companies" to include Thai
nationals who have been paid to act as nominees to facilitate the deal and
who have invested nothing in the purchase. The new regulation, signed by
Suraart Thoingniramol, deputy permanent secretary of the Interior
Ministry, is designed to halt the use of such companies for property
purchases in the future.
"If it appears that an alien holds shares or is a director or it is
reasonable to believe that a Thai holds shares as a representative of an
alien, the officers shall investigate the income of Thais holding shares,
delving into the number of years [they have spent] in the current
profession and monthly salary," reads a translation of the law.
"The provision of necessary evidence is required."
The new regulation is actually an enforcement of Thailand's existing laws,
legal experts said. "It's not a radical change. It's a radical
implementation," Ronachai said.
The regulation has already started to stall home sales to foreigners,
sources said.
"There's a lot of confusion," said Simon Landy, managing
director of the Primo Co, a property-development firm. "Some land
offices don't know what to do with it, and many have simply stopped
transferring land." Source Bangkok Post
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[
THAI LAW HELP SERVICE ]: We
are the oldest running Thai foreign Law service in Chiangmai and
especially cater for foreigners. We use foreign consultants and
law offices in both Bangkok and Chiangmai from local to
International. If you are buying a business do not use the same
lawyer as the seller and if not sure then ask us. We have many more properties. Just ask us. Let us broker your
business or property. If we don't sell we don't charge you.
Selling or wanting to Buy a Guest House,
Restaurant, Business, Bar or Office then just ask us. We do not
charge you to find your business. We even guide you to the best
deal & help you form a company, partnership, year visa,
agreements, leases, accounting services, taxation etc right to
offering you FREE hardcopy promotions if you use our services. We
offer what no other Thai company can do: FREE hardcopy advertising
promotions.
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[ Check out BEST option for foreigners ][ Mortgages ] [ June 2008 Escrow News ]
[ Swedes lost money in NEW condos ]
[ Thailand Property Update 2008] [ Bangkok Bank lends to foreigners ] [ Thailand Property Update Dec 2007 ] [ Read Thailand Property Hedge funds ]
[ Thailand Property Investing ] [ Thailand Property Vs West ] [ NZ warned of Property Finance crash ]
COMPANY
INDEMNITY: Our
Company does not conduct conveyancy of property sales, title searches
and lease agreements as we use our Law Office. If you do not have a
lawyer then we can advise you & recommend one. All conveyancy
procedures in Thailand should be conducted by a qualified Law Office and
we do not advise you to use any of our Company staff nor others to
assist you even though you feel they may cut corners for you or save you
money. Our Company is not responsible other than assisting clients to
purchase, sell, rent or lease & we will not be held responsible or
accountable. Feel free to ring us if you have a problem & require
advise about our services or you are not sure what you are signing: Ask
to speak to our Manager:
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