Want to confirm the steps to buy a land

[thing31]

Hello !

 

I've been renting a land near Chiang Mai since 3 years and the neighbour agrees to sell 2 Rais of his 'big' land, he said it has a Chanote, and the total price is 1 MB. My wife is Thai, so she would be the 'official owner'. I spent time to check information especially in Thai Visa so just want to check the steps I should follow to make sure I won't get any trouble now or later:

 

1. ask the neighbour a copy of both sides of his title (chanote) and check to the Land department it is really a chanote and there is no encumbrances such as liens, leases or mortgages on the title. Discuss with him who will pay the various taxes (transfer tax etc).

 

2. Check with the 'PuuYaBaan' (head of village) we already met in the past (and trust) that a Building permit for a house could be obtained (ie no restrictions etc)

 

3. Write a contract (are there any sample contracts given by the Land Office?) mentioning the deposit, payments terms etc

 

4. I pay him the deposit (as a 'reservation')

 

5. My wife and the owner will go to the Land Office to sign the right documents

 

Anything else ??

Anything should really be checked or done by a lawyer?

 

Thanks in advance for your help !

 

[johng]

They might want you to sign some paperwork acknowledging you have no legal claim to the land and money used for purchase is your wifes.

[HappyAndRich]

27 minutes ago, johng said:

They might want you to sign some paperwork acknowledging you have no legal claim to the land and money used for purchase is your wifes.

How can he have any legal claims on something he just can´t own?

[ukrules]

24 minutes ago, HappyAndRich said:

How can he have any legal claims on something he just can´t own?

In the event of her death he could inherit it. There is a procedure for this but you would own / control it at that point for a while...

[HappyAndRich]

4 minutes ago, ukrules said:

In the event of her death he could inherit it. There is a procedure for this but you would own / control it at that point for a while...

That has nothing to do with signing a paper of no clain. Thai law states that if two people are married and one part buy land and property after the marriage took place is considiered something you inherit if your partner dies. you will normally get one year too sign over to a person that can own the land, or sell it to another owner.

 

That falls under sin suan tua and sin somros.

Sin suan tua: money or property bought before marriage and seen as personal ownership.

 

Sin somros: all that has been accuired during the marriage.

[xylophone]

1 hour ago, johng said:

They might want you to sign some paperwork acknowledging you have no legal claim to the land and money used for purchase is your wifes.

I think that is required at the Land Office.

[baansgr]

Check access. Is it on a government road. Check utilities  are or can be connected, does it require landfill,  does it require a boundary wall,  no need for deposit.  Due diligence will take only one day same as transfer. 

[thing31]

1 hour ago, baansgr said:

Check access. Is it on a government road. Check utilities  are or can be connected, does it require landfill,  does it require a boundary wall,  no need for deposit.  Due diligence will take only one day same as transfer. 

Thank you BaanGr !

 

Yes, I checked already what you mentioned.

Would you recommend to get the documents, and due diligence done by a lawyer, who also might go with us to the Land Office?

[thing31]

1 hour ago, HappyAndRich said:

That has nothing to do with signing a paper of no clain. Thai law states that if two people are married and one part buy land and property after the marriage took place is considiered something you inherit if your partner dies. you will normally get one year too sign over to a person that can own the land, or sell it to another owner.

 

That falls under sin suan tua and sin somros.

Sin suan tua: money or property bought before marriage and seen as personal ownership.

 

Sin somros: all that has been accuired during the marriage.

Thanks HappyAndRich and all 

 

So, any other steps in the process ?

 

[recom273]

Sorry to hijack your thread ..

 

What taxes would you expect to pay and who is normally expected to pay them?

 

I am making first steps to buy land for the wife and need a little assistance, like you. Thanks to everyone so far, nice simple reading, thanks!

[HappyAndRich]

7 hours ago, recom273 said:

Sorry to hijack your thread ..

 

What taxes would you expect to pay and who is normally expected to pay them?

 

I am making first steps to buy land for the wife and need a little assistance, like you. Thanks to everyone so far, nice simple reading, thanks!

Transfer fee: 2% of the registered value of the property

 

Stamp Duty: 0.5% of registered value. Only payable if exempt from business tax

 

Withholding Tax: 1% of the appraised value or registered sale value of the property (whichever is higher and if the seller is a company). If the seller is an individual, withholding tax is calculated at a progressive rate based on the appraisal value of the property.

 

Business Tax: 3.3% of the appraised value or registered sale value of the property (whichever is higher). This applies to both individuals and companies.

 

Transfer Fee is normally payed by the buyer, while all the other taxes generally shall be payed by the seller.