Property lawyer

[warcy]

Can anybody recommend a lawyer that is knowledgeable in property laws in Chiang Mai? It's regarding foreigners buying a property with land in Thailand. 

 

Most important criteria I seek is that he/she must be honest, charge Thai price and reasonably good friendly service.

 

The lawyer doesn't necessary need to speak good English as I can speak intermediate Thai.

[DaRoadrunner]

21 minutes ago, warcy said:

he/she must be honest

The words 'lawyer' and 'must be honest' are usually mutually exclusive. Have heard too many stories of folk buying property and having problems. I need a good one in the Phuket area for similar reasons.... Can anyone recommend?

 

Definition of lawyer.... One skilled in evasion of the law.

 

[Khaeng Mak]

You don't need a lawyer.  A foreigner can't buy land in Thailand.

[DaRoadrunner]

20 minutes ago, Khaeng Mak said:

You don't need a lawyer.  A foreigner can't buy land in Thailand.

Correct, according to Thai law, but that's exactly why he needs a Thai lawyer... to evade (er... circumvent) the law!

 

There are many that do buy in a variety of ways as no doubt this thread will lead to. Common way is to register a company. As a Thai juristic entity the company can legally buy land or house. The foreigner can own only 49% of the company. There have to be a minimum of seven shareholders but only one has a voting share.... You know who!

 

Another way is to buy it in a Thai name and lease it from said Thai with a clause in the lease which states the Thai may not sell the property whilst you hold the lease. One has to trust the Thai not to have your head blown off!

 

Better not put it into a Thai name as one cannot control the outcome. Golden rule, whatever you do, control the ownership.

 

There will now follow a slew of replies.

 

P.S. Does anyone know if the same applies in Da Phil's?

[rumak]

If you are thinking about buying land as a foreigner,  you will get so many different answers that you will not know who to believe.   Same can be said about the "lawyers",  though there may be an honest one here or there.   Any way you do it there is a definite risk !   Laws do not work the same way as in some western countries.  Risk is the key word here.

Might try to ask Perfect Homes about your options.  They generally have a good reputation for honesty.

[manarak]

1 hour ago, Khaeng Mak said:

You don't need a lawyer.  A foreigner can't buy land in Thailand.

Blanket answers have something in common: they are usually wrong.

There are exceptions in that law as well as more or less risky loopholes.

Everything has already been explained on the forum.

[blackcab]

2 hours ago, DaRoadrunner said:

There have to be a minimum of seven shareholders but only one has a voting share.... You know who!

 

The minimum number of shareholders is three.

 

All shareholders will have the ability to vote at an AGM or EGM, but in some circumstances a shareholder with preference shares can out vote all other shareholders and thus carry any resolution.

[warcy]

Thanks for the answers everyone but I still need to hear from the lawyers themselves as to what the options are.

 

Has anybody met any honest and reliable lawyers when buying their condos etc?

[moontang]

Depends on the land office...not all the same.  company is not good for individual owner of one house.....costly, and exposes you even more, because setting up a company to circumvent real estate laws is a crime in itself.  I did lawyer, lease, loan, will....sold two years later.  However, I mentioned it to her a year later and she said "cannot," as there was some kind of crackdown.  But she did a loan document, with me as the payee, and that would be illegal, too..a foreigner loaning money.

[niebla]

PM me for a Lawyer that I used near Mechok for a Superfices.