A condo brochure is part of the contract: the entrance road case
A brochure is designed to sell. Thai consumer law also treats it as a promise. This case shows what happens when a developer advertises one thing and then delivers another.
In short
- The developer's brochure showed a tree-lined entrance road with a guard post as part of the project.
- After selling the units, the developer gave the road to the public, so outsiders could use it.
- The brochure was part of the sale contract. A clause allowing the developer to change the plan did not protect it.
What happened
A large developer advertised a condominium project with a brochure. Its plan showed the project's entrance road lined with trees, and photographs showed a security guard post at the entrance. The developer admitted it had filled the land, built the road, planted the trees, put up the guard post and placed signs inviting visitors to the project.
After all the units were sold, the developer transferred the entrance road to the public. Outsiders began using it, and more than 50 buyers sued.
The rule
Under section 11 of the Consumer Case Procedure Act, advertisements and assurances that lead a consumer to understand, when signing, that the business will provide something are treated as part of the contract.
For foreign buyers. Foreigners buying a condo unit are consumers too. Brochures, show-flat displays and online advertisements in English or Thai can all be evidence of what the developer promised.
What the Supreme Court decided
In decision No. 3315/2564, the Supreme Court found that:
- The brochure led buyers to understand that the road would be part of the project's common property, given in return for buying a unit. The brochure was therefore part of the sale contract.
- The project was in a high-density residential zone, which required the road to become a public road and the project plan to be changed. A large, experienced developer should have checked the planning rules before advertising and building. Advertising the road as part of the project while concealing this was deceptive.
- The contract allowed the developer to change the project plan and common property "as appropriate". Giving away the road after buyers had signed was an excessive and unfair change, so the developer could not rely on that clause.
The developer was found in breach towards buyers who signed before the plan was changed, and ordered to pay each of them damages of about 100,000 baht, with interest at 7.5% a year (the statutory rate at the time).
What this means for buyers
- Keep the brochure and project plan you were given before signing. Note the date you received them.
- A general clause letting the developer "adjust the plan" does not allow it to take away something that was a reason to buy.
- If the common property you were shown is reduced or given away, the condominium juristic person and individual buyers may both have claims.
Legal references
- Consumer Case Procedure Act B.E. 2551 (2008), section 11
- Supreme Court decision No. 3315/2564 (2021)
This explainer gives general information about Thai law as at 14 October 2026. It is not advice on your situation. Interest rates and amounts in court decisions reflect the law when each decision was made. Contact the office before you act.