Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Legally Transferring Funds to Purchase Condos in Thailand?
Transcript of the above video:
There has been a lot of news regarding banking here in Thailand and I have gotten a lot of inquiries recently regarding condo transfer, specifically banking issues associated therewith. It should be noted that pursuant to the Condominium Act here in Thailand, it is possible for foreign nationals to own a condo outright notwithstanding the fact that it is real estate and notwithstanding the fact that there are major restrictions on foreigners owning real estate in Thailand, most notably they cannot own land and other real estate sort of structures; it's just sort of the nature of Thai law.
But that said, it is possible to own a condo and gain what we would call Fee Simple Absolute Title or Freehold Title in a more broader common law context but basically you can get Chanote Title here in Thailand which is a title deed; you own that condo.
That said, there are prerequisites associated with this, most notably proving up that funds for said condo being purchased for a foreigner and coming in under the Foreign Freehold quota - there is a ratio of foreign to Thai condos that has to be maintained, and that ratio you have to make sure you are under that quota - but also you have to make certain that the funds are proved up correctly and there are formal processes that have to be undertaken in order to prove up that those funds came in from abroad and documentation that has to be issued by the bank.
As we discussed in other videos, as we've seen increasingly onerous restrictions and certain types of new formalities associated with banking, how does this impact condo purchasing? Well we have come up with a number of possible solutions here in Thailand with regard to one's ability to transfer in funds and then prove up funds, meet the requirements and criteria under the Thai Condominium Act. Again it is going to be driven by the specific facts in the underlying case, but it is possible, even under current circumstances, to purchase a condo here in Thailand and undertake the necessary banking steps that need to be undertaken in order to prove up that the funds meet the criteria in order to gain Freehold Title to a condominium here in the Kingdom of Thailand.
