Condo smaller than the contract says: getting money back for missing space
Buyers rarely measure a condo themselves. They rely on the area the developer quotes, and the price is set by it. This case shows what happens when the unit turns out smaller.
In short
- The unit was sold as about 73.38 m² but was 6.72 m² (9.1%) smaller.
- A clause saying the title deed area applies with no change in price was unfair and had no effect.
- The developer had to cut the price in proportion and refund 165,298.42 baht with interest.
What happened
The buyers agreed to buy a condominium unit of about 73.38 square metres for 1,805,000 baht. The building was already finished when the unit was offered. After the transfer, the developer itself found that the unit was about 6.72 square metres smaller than in the contract.
The contract said that if, after the condominium title deed was issued, the area turned out larger or smaller than stated, the area in the title deed would apply and neither side would adjust the price.
The rule
Under the Unfair Contract Terms Act, a term in a standard-form contract drafted by the stronger party has effect only so far as it is fair and reasonable. A term that makes the other party bear a burden beyond what a reasonable person would normally expect, or gives the business an excessive advantage, can be set aside.
The Civil and Commercial Code also deals with the sale of immovable property where the area delivered is less than agreed (section 466).
Check the area before transfer. Compare the area on the condominium title deed (หนังสือกรรมสิทธิ์ห้องชุด) with the area in your contract before you sign the transfer at the Land Office. Ask for the price to be adjusted if they differ.
What the Supreme Court decided
In decision No. 4566/2561, the Supreme Court found that:
- When it offered the units, the developer had already finished the building. As a professional condominium developer, it knew that area and price are central to the buyer's decision.
- The developer could calculate and check the area, while a consumer could not easily do so and would rely on the figure the developer gave.
- The shortfall of 6.72 m² was 9.1% of the area, so the buyers paid 165,298.42 baht for space they did not receive.
- The miscalculation was the developer's own error, which it could have corrected beforehand.
The no-adjustment clause gave the developer an excessive advantage and was unfair, so it had no effect. The price worked out at 24,597.98 baht per square metre. The developer had to reduce the price for the missing area and refund 165,298.42 baht, with interest at 7.5% a year from the date of filing (the statutory rate at the time).
What this means for buyers
- A clause that says "the title deed area applies with no price change" does not protect a developer when the difference is significant and the error is its own.
- Measure, or have someone measure, the unit at handover, and compare it with the contract and the title deed.
- Similar arguments may apply where a plot in a housing estate turns out smaller than agreed. Get advice on the facts of your case.
Legal references
- Unfair Contract Terms Act B.E. 2540 (1997), section 4
- Civil and Commercial Code, section 466
- Supreme Court decision No. 4566/2561 (2018)
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.