What should expats consider before buying a house in Thailand?

Jun 12, 2022
3 years ago
Terary **********
ORIGINAL POSTER
Considering buying a house. What are some of the things I should look-out for?

How do verify the individual I am talking to has the right to sell the property?

What are common mistakes I can/should avoid?
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TLDR : Answer Summary
When considering buying a house in Thailand, expats should be aware of significant challenges related to property ownership due to Thai laws restricting land ownership for foreigners. It's crucial to verify the seller’s right to sell the property and avoid common pitfalls like relying on a Thai partner for ownership, which can lead to complications. Engaging a lawyer and conducting thorough due diligence can help mitigate risks. Many commentators suggest alternatives like renting or buying a condo, where foreigners can own (a condo) outright, avoiding the complexities associated with land ownership.
Andrew *********
So good and shit advice, good luck, hope your research extends further than FB
Eric *******
The first and last mistake you could make for this matter, is just to buy or build a house.

Rent one, that's it. It's cheaper, easier, you get a finished product so no surprises you'd be stuck with, problems free (that you couldn't solve or escape from) and you keep the freedom to leave and move on if needed.

The only thing you would really buy doing so is a ton of pending problems.:

You won't ever make any profit buying a house in case you needed to resell it (the market is not built for that since forever here).

The house will never be yours as you're a foreigner and can't own the land it would be on. If you buy it through a company, you're also fuck$ed as you won't have the upper hand (%), you'd need to have employees in that company and sustain a real activity apart from the house ownership.

The land would be at best (or worse should I say, lol) on your wife's (partner) name, which means that she can kick you out at any moment for no reason (it's her house).

If anything changes in the surroundings (new crazy neighbors, new crazy dogs or roosters moving nearby, new building or houses built around yours ruining it for ya or just the fact that you don't like the place, area or whatever anymore, you're stuck.

The only thing you would buy investing in a house is unhappiness just waiting for you.
Lee ***********
If you choose to buy a house it won't be in your name. Therefore put your name on the lease, if done for a period of 30 years, you have the right to live there and it prevents the owner selling the title deed from under you.
Steve ********
@Lee **********
your correct but in a company name no need have your partner in the company nither but remember on the day you buy the land and the day you sell the land you cannot be part of the company

So with lawyer. Very easy form a company buy the land then you take charge afterwards
Ray ******
Join the Building in Thailand FB page, even if you're not planning to build it is absolute mine of information, plus gives you the real idea of what a place should cost.

I own a free hold Condo, had it for 12 Years, not bought as investment but as something I use regularly. Buy with your eyes wide open, if you're after a quick gain don't buy.
Steve ********
Guys i read your messages if done correct you can get you can sell it your self i have been there seen it done it most people who are talking here have never tried yes you must do it correct but i have proof it can be done with out your thai lady being part of this. I will tag my ex wife in comment and if need be she state this is true
Steve ********
I did in essan in company i sold to farang but i did get extra 3percent company tax to pay when i sold my house
Siddhartha *********
@Steve *******
done by company ownership or as in how? How to do in isaan - without legal marriage yet- looking to buy land and small home for near future settlement! Appreciate your feedbacks
Kevin **********
@Steve *******
They don't know what they are talking about. It's similar to Mexico within 50 miles to the coast and 50 miles from border. Automatically renewable 30 year and you can buy a clause in "with rights to convey and or survivorship".
Nadine ******
Rent and invest your money better in something else
Erik ******************
You buy the house. Have your Thai wife buy the land it sits on.
Darren ******
@Erik *****************
u own 49% that normally means the house and Thai owns 51% being the land.. u can't get to Ur house without trespassing on her land , then Ur in the monkey house lol.

Owning a company I've heard it the way to buy.
Erik ******************
@Darren *****
. I'm pretty sure you can own 100% of the house. It's the land you can't own.

For condos, you can 100% own a condo, but the buildings themselves must contain 51% units owned by Thais.
Darren ******
@Erik *****************
yes as I said above u own the house but it comes under Ur 49%

Condos can be owned but not the condo touching Thai soil 2or 3 floors off the ground u can own for the same reason.
Jira ******
If you confident for apply dual citizenship in Thailand i can give you some advices for free then you can make a decision before advancement business.
Marnix *********
Do a due dilligence rapport by a lawyer
Martin **********
Houses in a good village, are sometimes a better investment then a condo for resale. In condos more competition to sell and rent. Yes for a house you must be couscious, as by Thai law, foreigner can not own land. But have you any idea, how much foreigners are living in their own land on Thai company? If all these would have problems, you think they would buy? Never put on Thai gf or wife. Take someone trustfully, to make your company, I have a good advisor, that will not screw you, and also will beware you for bad deals/take overs. She is well known
Siddhartha *********
@Martin *********
can you refer your advisor to me too please to dm me if so? There are range of advisors with pretty broad range of service charges and weird expensive I would say! Looking to set up company for real business ! I have started with 10k bhat of products in two years and have grown- with some other opportunities and vendors in line I am looking for real thing than just a farang making company for visa! Help appreciated
Siddhartha *********
Interested to set up new company- imp/exp and local license, paperwork for ssc visa wp. Kindly you can forward my contact - appreciate 🙏🏻
Martin **********
@Siddhartha ********
She is very reasonable. She is not a lawfirm. She can tell you how to set up a company, or take over one. She will in case you want to buy, make an audit of the company you take over. She will see if that company has debts,if registration at land office has been done right. You can pm me.
Terary **********
ORIGINAL POSTER
@Martin *********
She is expensive? Do you have a reference?
Martin **********
@Terary *********
She is very reasonable. Look at my other comment, you can pm me.
Gary *******
There are ways to legally and safely own your own property. As a professional consultant, I can walk you through the process and discuss the various options and ramifications. Please contact me privately.
Darren ******
@Gary ******
u didn't even know about plugs in thailand on another post I saw u comment on lol.

U said out of 3 plugs shown none can be used in Thailand , when in actual fact 2 out the 3 could be , i saw that about 20 people disagreed with u lol.
Darren ******
@Gary ******
haha 100% of Thai houses use them plugs and Ur a builder haha.

I wouldn't let u loose with lego
Marine *********
Buy a condo or rent don't buy land

Best advies i can give you
Marine *********
You can rent place starting from 2500 bath outsite toerisme like moo baan
Alan *******
If you really want to own land or a house in your name and plan to live in Thailand long term your best bet security wise is to put in the time and effort to get Thai citizenship.

You’ll also save yourself the cost and hassles of immigration in the long term and won’t have any issues working or running a business in Thailand if that’s something you care about.

You can put the property in a company name but even if this is set up perfectly you’re never 100% safe and it’s never actually yours.

Also, unless you buy in a very in demand area, you’ll find it difficult to sell later and will probably have to sell it at a loss to get rid of it unless you can afford to wait a long time to find a buyer at the price you want.

All that being said, odds are good that if a company is set up ideally to protect you from having your Thai “partners” from selling out from under you (ideally you’d have multiple partners who are never told who the other partners are) and you end up with a company setting this all up who doesn’t decide to stab you in the back with some faked power of attorney letting them steal the property from you (good luck suing them later or getting the police to help), you can own a home in a company name without issue.

But you’re gambling the government won’t crack down on people doing this and you getting caught.

And the government has cracked down on this multiple times in the past.

As they get more desperate for income as the Covid tourism rebound turns out to be a flop for years, you never know what they’ll resort to in order to get more money.
Mark ********
@Alan ******
for retirees, getting citizenship is almost impossible so not realistic. Likewise, the crackdowns you refer to have (so far) been very limited and specific cases
Mark ********
With respect, perhaps you should join some groups set up for obtaining citizenship and then you'll see the reality rather than just reading a few paragraphs from a website and thinking you know it all. Obtaining citizenship is much harder and more complicated than it is in Western countries and even if you qualify on paper it isn't guaranteed. BTW, why do you think or assume that I can't speak Thai?
Alan *******
@Mark *******
I’ve spoken to lawyers and people who have gotten citizenship recently and are in the pipeline.

It’s not like it was 4+ years ago. Apparently they’re actually moving things along for the moment.

I know years ago you’d have people waiting 4-5 years just to get their paperwork advanced but for now at least, that doesn’t seem to be the case.

I didn’t assume anything. “You” can refer to people in general and not a specific person.
Alan *******
@Mark *******
Why is it almost impossible?
Mark ********
@Alan ******
Check out the requirements and it'll be pretty clear. Retirees won't be eligible as of course: there'll always be some other special criteria that would qualify them. I've never seen a report of someone who got one as a retiree who's not worked here, married etc.etc.
Alan *******
@Mark *******
I’ve seen the requirements and age is only one factor on the points system. Also “retiree” is a pretty broad age range.

Marrying a Thai more than makes up for being in your 50s or 60s. You might have to learn to speak Thai depending on your other qualifications but I wouldn’t call that impossible.
Ադամ ********
Common mistake? Purchasing property to be registered under someone else’s name.
Luc ************
Buy a condo on freehold base. Not leasehold.
Mark ********
@Luc ***********
it's surprising that they don't do more low level style housing developments which would qualify for condo ownership criteria
Dave *******
Don’t do it, you can own a condo on your own, that’s about it
Ronald *****
Buy a condo then ..don't buy land..it will be under your name
Russell *******
Rent
Danny *******
Don’t do it. As many have said it will never be yours. Rent or maybe a condo.
Mark ********
@Danny ******
When you're dead, it's not yours either 😁 likewise if you're married, purchasing a condo after marriage means (by and large) that it will be
*****
your wife's (and conversely a house bought after marriage in your wife's name will be yours
*****
also)
Antonio ***********
If you set up a company to own the land, does this company need to do business, has an office and staff? I've heard from a lawyer if company doesn't run a business there could be problems with ownership of the land in Chiang Mai
Alan *******
@Antonio **********
You don’t need Thai staff unless you need a work permit and it’s not a BOI company.

However, it’s not legal to operate a company just to hold property you’re living in.

You’ll have to pay income tax and social security tax on what’s considered a reasonable amount of rent for each property even if you don’t rent it to anyone.

If the government decides to do a broad crackdown on foreigners using companies to hold property that they live in and not actually renting it out or using it for some other business or for some reason they decide to single you out, you can be forced to sell the property quickly which almost guarantees you’ll have to sell it at a loss.
Mark ********
@Alan ******
it's true, but it's also true that save for a handful of high profile (and high value) xceptions in Phuket, the crackdown has yet to happen and if it does , it's likely that it would be announced in advance thus giving time to make arrangements for an alternative. It's worth noting that the problem would be the same for Thais owning property through a company not just foreigners
Alan *******
Thailand opened diplomatic relations with Saudi Arabia for the first time in nearly 30 years just to get a handful more tourists in, that’s desperation.

I personally wouldn’t bet that a wider crackdown isn’t on the table unless the money I was spending wasn’t much compared to my net worth.

Even if it doesn’t come, it’s still possible to be singled out for some other reason and have the government check into why you’re owning this house for “business purposes” but it’s also registered as your living address.

Rare? Sure. Never going to happen? Wouldn’t bet on it.

If there was advanced notice you’d have a lot of homes suddenly going on the market so you’d probably have to sell at as worse a price if not worse than if you had to quickly sell.

And that’s assuming they gave something like a year’s notice or more.

Even if none of that was a factor you still have the other issues with home ownership in Thailand such as a less even distribution of asset appreciation (most homes aren’t in high demand tourist areas so are more difficult to sell) and rampant development going on just about everywhere (most people, especially Thais prefer to buy new vs an older home if both are available in the same area for around the same price).

Also, outside of those handful of hot market locations, your money is almost certainly better off return wise in some other asset class over say 10+ years and if you’re looking at around 5 years or fewer you plan to own, you’re still better off just renting as it’s likely you won’t see any economic benefit plus have the hassle of trying to sell it for at least what you paid plus any upgrades and furniture you added.
Danny *******
@Antonio **********
That’s true.
Antonio ***********
@Danny ******
I also heard controversial words that it's better to have land on an empty company and to run business in another company.

I'm confused, what is the most popular way to buy a land for a company?
Geoff **********
@Antonio **********
Agree talk to a reputanle lawyer who is focused on company structures. Too many ways your company can be deemed invalid if it doesnt have a real business generating income, employee questions, file audits tax returns etc. Also can be problems if you try to setup preferential voting rights to maintain comlany control even with 49% share ownership.
Danny *******
@Antonio **********
If you are confused best to get some real legal advice and not from FB. 🙂
Anna **************
House wont be yrs ever.
Giuseppe **********
@Anna *************
, bravo. They dont know that...
Pauline *******
We looked at some beautiful houses and found you got more for your money with a house but in the end we went for a condo. Better peace of mind security-wise.
Alex ********
Set up company.

Yes, Thai have minimum 51% ownership, BUT you set it up so you have preferential voting rights. This is something most people setting up a company in Thailand neglect to do (or aren't aware can be done)

This way you aren't relying on another's honesty should something go wrong and you want to sell up.
Nick ****************
@Alex *******
it’s simply done. If there are 100 shares you have 49 A shares and the other 51 is owned by the Thai. In the Mens and articles a motion is passed that A shares have a voting value of 1.5 times those of b shares. They are both of the same monetary value but the control rests with you.
Danny *******
@Alex *******
That company is not valid if it doesn’t engage in some actual business with real revenue.
Daren *********
Don't do it. You will never own it. If you get divorced from your Thai wife, you will have a great fight on your hands. I am learning that the hard way.
Mark *********
I don't understand in what sense the poster believes he would own the company? I also don't understand how a Thai wife has been essentially assumed as an alternative. Neither is a sound alternative to actual ownership. Either way you are reliant on someone else's honesty and reliability.Also fraught with issues but why not ownership within foreign quota in a condo?
Mart ******
Low ceilings 😃
Peggy ************
Engage the service of a lawyer like in most other countries
Matthew **********
@Peggy ***********
beat me to that suggestion. A good lawyer is going to direct you towards the best methods for protecting your investment in property. Good luck.
Bernd ***********
Stupid answer. You go to landoffice and you pay then it is yours on company name or name your wife
Giuseppe **********
@Bernd **********
, i think the word stupid have to review in thailand you never own anything, unless you give to your wife. Under concern if this guy, it seems to be a feeling of untrust already. Anywhere in the world if you wanna give or buy something to someone, can do. In thsiland even if you marry a thai woman, you never own anything and even the visa have to buy and have money in the bank. In western country we use to give citizenship to a foreign wife.
Lynnette *******
@Giuseppe *********
not easy for foreign wife to get visa in Western country. Just trying to get a visa for a wife to visit a western country is a nightmare.
Ivan ***********
@Bernd **********
Your wife owns you.
Bernd ***********
Terary **********
ORIGINAL POSTER
@Bernd **********
Thanks. The current arrangement is a in a company time. I understand I will never own the land, its in a 'community', and I will own the company.

My larger concern is how do I verify the individual has the authority/ownership over the business. My concern is that I would get swindled. I would give them down-payment and they would disappear. i did meet them on the internet.

I will go to meet them next week and see the property but even the best hustlers could work out a scam.
Ron ******************
@Terary *********
BDB can confirm the shareholding of companies and who has the authority to sign on behalf of the company. The Chanote shows the owner of the property and that must correspond with the company details if the house is owned by an individual confirmation of ownership is even easier. Just be aware that liens against a property are also noted on the Chanote. The best is to employ a lawyer if you can't read Thai.
Ivan ***********
Common mistake - that house will never be yours.
Jonas *************
Only reason to own is it you never want to have to move and want to build a nice garden i guess.

But people who live in covers need to move regularly as the contract expires and new terms all the time...
Giuseppe **********
What mooban?
Giuseppe **********
I guess this is bkk, where its over packed. I dont think we are talk8ng of bkk, but residential or quite place in thailand. In my opinion , if anyone wants to buy a proprties to gain money in the future, its wrong place. You can rent a nice house, no responsability, let say 30.000, and stay 100 month ( more than 8 years) and spend 3 millions only. If you want to buy a decent house now a days you have to pay more 7 million, plus early common fees , garden and pool mantainances, early fees for company that has to set up and whatever it will break in the house , as owner you have to pay. Listen me , just rent it, we have age , lets enjoy that money... mine its an advice i sold my house , almoast new still i lost.
Giuseppe **********
@Ivan **********
, well said. Even if he sets up a company, the house can be in the company name. But avoid it, between common fees and mantainace , you will keep on paying .. and when the house will be very old, you can not even resell , or at very low price. Rent it, can change every time you like to see different enviroment
Garrett ***********
@Giuseppe *********
What common fees?
Giuseppe **********
@Garrett **********
, every compound charges annual fees for the project mantainances , elettricity in the componds etc.
Garrett ***********
@Giuseppe *********
I assume you're talking about a mooban, not everyone lives in a mooban.
Antonio ***********
@Giuseppe *********
why is it impossible to sell an old house?
Giuseppe **********
@Antonio **********
, i meant to gain what you spent. The market its really down and who buy house wanna buy new properties, modern and much beautiful.
Antonio ***********
@Giuseppe *********
thanks, I see. I thought there are some legal limitations on selling old property.

I found a property index for Bangkok, it goes up 30% for last 10 years

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