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Real Estate Lawyer

Last activity 18 June 2023 by scbrock

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BrianDNation

I'm in the process of purchasing a house in Thailand by forming a Thai company. I've accepted an offer and paid a deposit on the house I want through the seller's realtor, who is reputable and one of the top in the country. The sales agent recommended I use a Lawyer he knows to help save money and she will represent both me and the seller. I've already spoken with her regarding how to set up the corporation and it matches with what I learned from a free consultation with Magna Carter and she has already looked at the title deed and pointed out some discrepancies that were in the listing (mainly about declared floor space).


The realtor has drawn up the contract for the purchase and I'm now at the phase where I'll sign that to proceed. My question is whether I should be extra cautious and go find another lawyer to handle the selling paperwork/contract and be sure that a lawyer representing both of us wouldn't draft up something more favorable for the buyer or seller. The contract provided by the realtor is simple and straight-forward and I see no issues with it. But I wonder if there is common language that I might want in the contract that he would leave out or the lawyer wouldn't advise that I need.


Would it matter if the same lawyer represents both seller and buyer in the real estate transaction? Does anyone have experience with real estate lawyers in Pattaya that can be recommended if I should find a different lawyer for that part of the sale? I haven't really thought that I would need another lawyer for the business formation since that's not directly related to the selling terms.

Leeds forever!

I'm in the process of purchasing a house in Thailand by forming a Thai company. I've accepted an offer and paid a deposit on the house I want through the seller's realtor, who is reputable and one of the top in the country. The sales agent recommended I use a Lawyer he knows to help save money and she will represent both me and the seller. I've already spoken with her regarding how to set up the corporation and it matches with what I learned from a free consultation with Magna Carter and she has already looked at the title deed and pointed out some discrepancies that were in the listing (mainly about declared floor space).
The realtor has drawn up the contract for the purchase and I'm now at the phase where I'll sign that to proceed. My question is whether I should be extra cautious and go find another lawyer to handle the selling paperwork/contract and be sure that a lawyer representing both of us wouldn't draft up something more favorable for the buyer or seller. The contract provided by the realtor is simple and straight-forward and I see no issues with it. But I wonder if there is common language that I might want in the contract that he would leave out or the lawyer wouldn't advise that I need.

Would it matter if the same lawyer represents both seller and buyer in the real estate transaction? Does anyone have experience with real estate lawyers in Pattaya that can be recommended if I should find a different lawyer for that part of the sale? I haven't really thought that I would need another lawyer for the business formation since that's not directly related to the selling terms.
-@BrianDNation

This is the same thing Chinese people are doing in Thailand at the moment and it's been on the news and in every news website lately. It's not very popular by Thai authorities that these so called "companies" keeps popping up buying properties. They are going after these "Thai" companies and who knows what's next.

Just saying.

BrianDNation

@Leeds forever!

There is some concern with the Chinese developers because some have just taken people's money and bankrupt the company without ever building anything on the land. New developments can be a risk.

scbrock

I think this scenario is being scrutinised more so now and

if an audit is ever done some bad things could happen.

You really need to have a legit company.


I was in this situation and the seller had a lawyer she wanted

to use for both buyer and seller. I believe it's best to have your

own representation so you are ensured equal and fair rep.


With that said it has been total frustrating trying to get anything

done with lawyers. I have talked to 4 and they never follow up.

Even with call backs and reminders days turn into weeks and

nothing is done. I have quit pursuing it only because I had to

return to the states for a family situation

wozzlegummich

Apply the rule of "Conflict of interests" rigorously here. Get another completely separate lawyer, which you find for yourself. The jungle drums beat far and wide in the Thai real Estate business community.

BrianDNation

I've found a few law firms. Some are very small. Is there any way to verify legitimacy of a law firm other than google reviews? I presume they must have a license I can ask to see? Any advice how to check their history and know if they are any good?

BrianDNation

Update:

Getting my own lawyer made perfect sense. There was a lot of small things to consider just in case the sale fell through or a problem was found with the title deed or whatever. Protections are now in place as they should be.


Regarding using a Thai company to own a property, all lawyers I spoke to said there's no issue. As long as you're doing the annual balance sheets, you are operating a business in Thailand. They can't force you to do transactions or make money. And the value of the property is depreciated over time which will result in capital gains tax should the property be sold from the company and the Thai government will like that because you don't depreciate a home when it's owned by an individual. I don't think anyone should worry about it now but maybe down the road, the ability to transfer ownership to a foreigner using a Thai company may become difficult or impossible if they want to change the laws. The real drawback is the company still needs to be at least 51% Thai owned so there are some potential issues for yourself should there be a fight with those individuals but shouldn't be if your paperwork is solid.

scbrock

Update:
And the value of the property is depreciated over time which will result in capital gains tax should the property be sold from the company and the Thai government will like that because you don't depreciate a home when it's owned by an individual. I don't think anyone should worry about it now but maybe down the road, the ability to transfer ownership to a foreigner using a Thai company may become difficult or impossible if they want to change the laws. The real drawback is the company still needs to be at least 51% Thai owned so there are some potential issues for yourself should there be a fight with those individuals but shouldn't be if your paperwork is solid.
-@BrianDNation

How will the value decreasing be a cause for capital gains tax? I thought it works the other

way in so much as if you are making a profit from the sale the gains can be taxed.


As for the drawback in only owning 49% with the Thai shareholder(s) holding 51% so not

being the majority I think once you become the director you have final say of any transactions

of the company. So, you are basically in control.

Winter.Warrior

@Leeds forever!
There is some concern with the Chinese developers because some have just taken people's money and bankrupt the company without ever building anything on the land. New developments can be a risk.
-@BrianDNation

Hmmmm.

This was a phenomenom in Ukraine back when i lived there I heard stories similar.

Developer lures people in with pre-construction prices quite a lot lower than after the building is finished.

After a while the money disappeared to regions unknown via UK bank accounts (i forget what they are called).

Just an office in UK with no staff that can reroute money to other accounts in off shore locations.

People never saw their money again,.

Buyer beware.

Bigrad Wolf

With that said it has been total frustrating trying to get anything
done with lawyers. I have talked to 4 and they never follow up.
Even with call backs and reminders days turn into weeks and
nothing is done. I have quit pursuing it only because I had to
return to the states for a family situation
-@scbrock

I've experienced this myself.   1f602.svg Mine replied right away on their FB which I think is an auto-reply that they will come back and contact me which never materialized.   

scbrock

With that said it has been total frustrating trying to get anything
done with lawyers.
I've experienced this myself.  1f602.svg Mine replied right away on their FB which I think is an auto-reply that they will come back and contact me which never materialized. 
-@Bigrad Wolf

I wonder if part of the reason they are so reluctant to follow

up is they have no desire to help foreigners aquire land in

their country. If that were they case I wish they woud say

up front they don't want to take the case.


Really don't know. It would be good to hear any success

stories of anyone that has ran into this and what they did

to move things along.

Leeds forever!

With that said it has been total frustrating trying to get anything
done with lawyers.
I've experienced this myself. 1f602.svg Mine replied right away on their FB which I think is an auto-reply that they will come back and contact me which never materialized.
-@Bigrad Wolf
I wonder if part of the reason they are so reluctant to follow
up is they have no desire to help foreigners aquire land in
their country. If that were they case I wish they woud say
up front they don't want to take the case.

Really don't know. It would be good to hear any success
stories of anyone that has ran into this and what they did
to move things along.
-@scbrock

"they have no desire to help foreigners aquire land in their country".

Why would they, when it's basically illegal? Buying land through a bogus company is just a loophole.

scbrock

"they have no desire to help foreigners aquire land in their country".
Why would they, when it's basically illegal? Buying land through a bogus company is just a loophole.
-@Leeds forever!

Yes, that's true but I have a business idea to make a legit company.

When a lawyer told me that I could be audited and bad things could

happen if it's not a real business that made me want to do things legally

not just to acquire property.

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