Frequently asked questions
Working with us
Do you advise in English?
Yes. We advise and reply in Thai or English. Court hearings in Thailand are conducted in Thai, and documents in other languages need a Thai translation, which we can arrange.
How do I start?
Send us a short message by LINE, email or phone. Tell us what it is about and which documents you have. We will suggest a first meeting, where we go through the documents and explain your options.
How are fees set?
Fees depend on the work a matter needs. We confirm the scope of the work and our fees in writing before we start.
Can you help if I live outside Thailand?
Yes. We can work by email, LINE and video call. For registration at the Land Office you can appoint someone in Thailand by power of attorney (see below).
Property, housing estates and condominiums
I am behind on my condo common fees. The juristic person is charging a fine and interest. Is that allowed?
Under the Condominium Act, the building's regulations set the surcharge for late common fees, up to 12% a year, not compounded. If you are six months or more behind, the regulations may set a surcharge of up to 20% a year, and the building may suspend services, use of common property and your vote at general meetings. Ask the juristic person office which clause it is applying and how the amount was worked out. Note that the Land Office will not register a sale of your unit until the building confirms you owe nothing.
I booked a house or condo but my loan was refused. Can I get my money back?
Start with the contract. Some contracts say what happens if the bank refuses the loan. If you cannot complete, the developer is usually entitled to keep the deposit. But where the contract lets it keep everything you paid, a court can reduce the amount kept if it is out of proportion to the developer's real loss. Tell the developer in writing as early as you can. See Can a developer keep your whole condo deposit?
Water is leaking from the condo above into my ceiling. The office says it cannot reach the owner. What can I do?
Report the leak to the juristic person in writing, with photos, and ask it to check whether the source is a common pipe, which would be the building's responsibility. Get a contractor's quote for the repair. Ask the office to pass a written notice to the upstairs owner, or to give you a contact address. If the damage is getting worse and the repair is not expensive, you can repair it and claim the cost. If the owner still does not respond, a lawyer's demand letter is the next step, followed by a claim for damages.
The developer wants me to take the transfer, but the house is not finished. What should I do?
Do not rush. Inspect the house carefully, or hire a professional home inspection company. List every defect in writing and ask the developer to fix them, and to confirm in writing, before transfer. If the developer insists on the date, get advice before you refuse. Refusing without good reason could put you in breach.
How long is a developer responsible for defects in a new house?
For houses in a housing estate, the standard sale contract makes the seller responsible for the structure (piles, foundations, columns, beams, floors, roof frame and load-bearing walls) for five years from transfer, and for fences, walls, fixtures and fittings for one year from transfer. For condominiums, check your contract and ask us.
Can someone else sign at the Land Office for me?
Yes. A buyer, a seller or both can appoint someone by power of attorney, using the Land Department's form (Tor Dor 21 for land, Or Chor 21 for condominium units), with copies of identity documents. Stamp duty on the power of attorney is 10 baht if the attorney acts once, or 30 baht if more than once. A power of attorney signed abroad usually needs to be certified by a Thai embassy or consulate. When the registration is done, each party receives a copy of the registered sale contract.
Should I buy land that only has a Por Bor Tor 5?
Be very careful. A Por Bor Tor 5 (ภ.บ.ท.5) is a local tax record, not a title document. Such land cannot be registered for sale at the Land Office in the usual way. You take over possession, most banks will not lend against it, and if someone else takes possession and you do not act within a year, you may lose your right. Some of this land is public, forest or land reform land that cannot be sold at all. A title deed (Chanote) gives full ownership. Nor Sor 3 Gor and Nor Sor 3 certificates of use can be sold and mortgaged, and Nor Sor 3 Gor boundaries are more precise. Foreigners cannot buy land in their own name.
Court cases
I have been sued in a civil case. If I do not go to court or hire a lawyer, will I just have to pay?
Do not ignore it. The summons gives a deadline to answer or a hearing date. If you miss it, the court can decide the case on the claimant's evidence alone and may order you to pay the full amount claimed. Appoint a lawyer, or at least attend on the hearing date, where the court often tries mediation first.
Questions about your situation?
Tell us briefly what it is about.