Selling Thai Property Whilst Absent

[philisok]

I have a house in Pattaya which I bought about 10 years ago, I had to return to my Home country for a Major Operation.

Since the operation I've had ongoing problems that prevent me from returning to Thailand.

I'm wondering if I can sell my house whilst I am not in the country.

Any help appreciated.

[NanLaew]

That would depend on how your house 'ownership' as a foreigner is structured.

[ezzra]

Like Nan Laew said, depend on the structure of the people/company that their names appear on the Chanot, other than that a power of attorney to a person or a lawyer you trust can solve your problems...

[jacko45k]

Very difficult... I know someone in a similar position. You need to have someone you can trust who you then give power of attorney. I also expect many documents would be going back and forth. Depending which price bracket the home is in will also dictate whether it will readily sell. 

Is it leased, Thai name or company name? 

[philisok]

The house is vacant at present.

Bought in Thai Company name.

[NanLaew]

5 hours ago, philisok said:

The house is vacant at present.

Bought in Thai Company name.

The only people that can advise if an absentee seller is permitted is the law office or lawyer that set up the Thai company that owns the property.

 

Keep in mind that AFAIK, there's no generic Power of Attorney form or procedure that applies across all land offices. There are some land offices that don't allow any PoA's to be used and insist that all parties must appear in person at offices. In this case, if the OP's lawyer or another Thai person that is a signatory member of the Thai company holding the property title is still available, that could make it easier. Otherwise, the absentee owner would probably still need to get any PoA certified by the Royal Thai Embassy in his homeland.

Edited December 20, 2019 by NanLaew

[jacko45k]

22 hours ago, philisok said:

The house is vacant at present.

Bought in Thai Company name.

Hopefully all the paperwork is ready to go and all the shareholders have pre-signed their sale/release documents. Many are still using ID copes of expired IDs of shareholders! 

Are you in touch with the lawyer who prepared the annual accounts? 

[moonseeker]

Give POA to a good trustworthy lawyer, let him do the necessary director and share changes, once you or a real estate agent found a buyer. If house is taken out of existing company it will probably have some tax consequences to be dealt with, try to avoid. But even selling via LO while abroad is very simple. Did many times. LO accepts simple POA notarized either by notary  or at Thai consulate. Change of director and shareholder a few more forms, but no problem at Commercial Department in Chonburi. Get well. If need lawyer let me know. Real lawyer, not cheap, but 100% reliable. MS>

[Jomtien]

My wife is an Estate Agent in Pattaya, and sold last couple of months 2 houses via POA, both houses where in company name, sold to Thai. Both times the Thai buyer did not want the company setup, and she had to go to lands department with POA (in her name) and buyer, bit more complex, but straightforward. She did not use a Lawyer as she knows the procedure.

But if the buyer just takes over the company, it is easier.

 

Payment to Seller was done via Cashier Check, to Thai Bank account of the Seller.

 

In the prime locations of Jomtien a lot of houses where sold this year. Mostly ready for renovation.

Baan Fah Rim Haad i know of 5 houses 5.5Mil+, View Point Village at least 6 houses All 6Mil+, and a couple in Royal Park Jomtien. (a lot of those houses where sold without it came truely on the market, Thai neighbours just scooped them up....) and yes the rest where by my knowledge Chinese buyers).