When you purchase property in Thailand, in most cases, the seller will provide a “Contract of Sale” or “Sale and Purchase Agreement” after you make the initial deposit. The contract may be in English or Thai. It is important to review this contract carefully before you sign it. Sometimes you may need to have the documents translated and execute both of the versions.
While the title deed for the property describes exactly what and where the property is and who currently has a right to the property, the sales contract describes exactly when and how the seller will sell you the property and upon what terms and condition. In Thailand, the usual contract of sale only lists basic rights and does not list all the exhaustive rights and obligations of the seller and the buyer. More exhaustive sales contracts, as are common in many other countries, allow for all possible contingencies such as default by the seller or buyer. You should then have a contract reviewed:
While many sellers will say that their sales contract is standard, we have seen many errors and omissions in sales contracts. There is no need to use a so called “standard” contract if it does not meet your needs. When executing any important contract, it is always a good idea to get a lawyer’s comments on the terms of the contract to make sure they are legal, complete, and enforceable if something goes wrong. This is especially true if you are in a foreign country.
If you are buying or leasing land with the purpose of constructing or building a structure on it, it is imperative to make sure that you are allowed to build a structure or house on the land if that is your plan. This is sometimes called the “ right to superficies“.
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