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ResourcesThailand Real Estate & Property LawThailand Condominium LawAnother Look at Thai Condos Amidst Nominee Crackdown

Another Look at Thai Condos Amidst Nominee Crackdown

Transcript of the above video:

So there is a lot of news going around in various parts of Thailand: Phuket, Pattaya, here in Bangkok, even up in Chiang Mai, we are hearing about this nominee crackdown. It's a nationwide thing, and they're not messing around. Down in the islands they are serious about it: Samui, Koh Phangan. Again, there's a lot of consternation and frustration among authorities in Thailand, law enforcement in Thailand regarding what they perceive to be foreigners trying to unduly influence property and property ownership capabilities here in Thailand; I discussed that at length in other videos. That said, the purpose of this video is to discuss condos, specifically the issue of Thai Condos being the optimal methodology of maintaining ownership of some form of real estate in Thailand notwithstanding all of this nominee Crackdown stuff. 

So what I am saying is - as we have discussed in other videos - pursuant to the Thai Condominium Act, it is possible for a foreign national to own a Thai Condo outright in what is called fee simple absolute title in a Common Law vernacular, what is called freehold title often in the Westminster system, what they call here in Thailand Chanote, which is a clear title deed; it's ownership. So again, you are not talking about using a corporation to then basically own property or anything. No, it's clear, it's straight to the point. You have the property title to that condo and can sell it etc. at your whim, at your leisure. Again, it's ownership. It's not some sort of proxy situation in order to sort of circumvent the rules on foreign ownership of real estate in Thailand. 

Now that said, there are rules regarding foreign quotas on Thai Condo complexes, most notably only 49% of a given condo complex can be foreign owned, 51% has to be Thai. There are various aspects of due diligence which need to be done oftentimes by Attorneys; we provide due diligence services associated with Thai condos all the time. On top of that, there's banking documentation, most notably the Foreign Exchange Transaction documentation, FET document associated with actually conveying freehold title to a foreigner, in this case to a foreigner who wishes to own a condo. So, there are various formalities associated with owning a condo in Thailand. 

That being said, again with this nominee crackdown stuff going on, foreigners who are looking for sort of a rock-solid way of owning their own home in Thailand, in my opinion the condo sort of set up remains the best way to go about doing that.