Can I sell my Thai Condo from Australia?

[Wuvu2]

What procedure is required to complete a Thai condo sale if the seller is currently in Australia and the buyer is inside Thailand?  Is this possible without having already set up a power of attorney in Thailand?

Edited October 12, 2020 by Wuvu2

[ezzra]

A sweeping power of attorney prepared in Australia in favor of your agent accompanied with the condo ownership documents and make allowances to monies that will have to be paid to the land department when transferring to property should work if all done correctly...

[Delight]

 Is the condo in foreign allocation or in a Thai company?

 

Either  way  a person with POW should fix it.

Easier if in a Thai company since the land office is not involved i.e no transfer fees.

[steven100]

where is it located and how much are you asking.

[blackcab]

You will need to sign a power of attorney and have your signature witnessed in person at the Thai Embassy in your country. The blank power of attorney must be the specific form issued by the Land Office. Nothing else is acceptable.

 

The original signed and witnessed form must be presented at the Land Office in Thailand by your agent.

 

The power of attorney is valid for 1 month from the date of signature.

[hoopsandyoyo]

1 minute ago, blackcab said:

You will need a power of attorney witnessed at the Thai Embassy in your country. The blank power of attorney must be the specific form issued by the Land Office. Nothing else is acceptable.

 

The original signed and witnessed form must be presented at the Land Office by your agent.

 

The post of attorney is valid for 1 month from the date of signature.

...some of the info above is incorrect at this current time.  

 

I sold a condo while out of the country and just bought another one from a Belgium , while both of us are out of LOS.  If, in Pattaya I could recommend Magna Carta to handle your POA, check to see if anything outstanding on the title and that the seller can actually own/sell the property.  The notory and paperwork to the Thai Embassy /stamp is not always required.  But! check with your lawyer who does this sort of thing.  Well worth paying for those type of services.  

 

best of luck

[soi3eddie]

6 minutes ago, hoopsandyoyo said:

...some of the info above is incorrect at this current time.  

 

I sold a condo while out of the country and just bought another one from a Belgium , while both of us are out of LOS.  If, in Pattaya I could recommend Magna Carta to handle your POA, check to see if anything outstanding on the title and that the seller can actually own/sell the property.  The notory and paperwork to the Thai Embassy /stamp is not always required.  But! check with your lawyer who does this sort of thing.  Well worth paying for those type of services.  

 

best of luck

I bought two and sold one condo whilst out of Thailand. The Bangkok lawyer sent me (and the ex on sale) power of attorney (POA) which was signed by us and notarised in the UK. Sent all docs by FedEx/DHL to The lawyer did the rest with the land department very efficiently.

[blackcab]

38 minutes ago, hoopsandyoyo said:

...some of the info above is incorrect at this current time.

 

No, it's not. The information I gave is the standard procedure.

 

I am quite surprised the Land Office sold your property with invalid or missing documentation when you were not in the country.

[Max69xl]

18 hours ago, blackcab said:

 

No, it's not. The information I gave is the standard procedure.

 

I am quite surprised the Land Office sold your property with invalid or missing documentation when you were not in the country.

How do you know that the documentation was invalid or missing? Where did you read that? 

[connda]

Don't they have real estate agents in this country?

[blackcab]

2 hours ago, Max69xl said:

How do you know that the documentation was invalid or missing? Where did you read that? 

 

You are quite correct, the member did not say that. The member said some of my information was incorrect and that, "The notory and paperwork to the Thai Embassy /stamp is not always required".

 

If the member did have to supply a power of attorney witnessed by the embassy in his country then surely based on his experience my information was correct.

 

I'm quite happy to be corrected by the member if I misunderstood their post, and that what they meant is that for the sale of their property they did have to supply a power of attorney witnessed by the embassy in their country but that they now have knowledge that this documentation is not a current requirement.

[Maejo Man]

23 hours ago, blackcab said:

You will need to sign a power of attorney and have your signature witnessed in person at the Thai Embassy in your country. The blank power of attorney must be the specific form issued by the Land Office. Nothing else is acceptable.

 

The original signed and witnessed form must be presented at the Land Office in Thailand by your agent.

 

The power of attorney is valid for 1 month from the date of signature.

I went down this road a year ago and arranged for for a general notorised POA My agent in Thailand was told that it was not acceptable, and only their form was acceptable. So a costly exercise was learned. Some land offices might be a little more "flexible"

[blackcab]

54 minutes ago, Maejo Man said:

Some land offices might be a little more "flexible"

 

Sorry to hear about your troubles. As far as I know, and in my experience, use of the specific Land Office power of attorney form is mandatory. It's got to the point where we don't even bother asking any more because we have never found any flexibility on this point at all.

[Letseng]

Friends recently sold their condo in Bkk. An appointed lawyer held PoA. Only snag was that there was no intrrest from foreign buyers. Thai buyers exploited the fact that the seller was kept out because of lockdown. Discount in the end was 35%. So beware

 

[hoopsandyoyo]

10 hours ago, Max69xl said:

How do you know that the documentation was invalid or missing? Where did you read that? 

“standard” - I agree is the norm.  In the past, on one of my condo purchases in Pattaya, while both myself and seller (both of us foreigners) and both of us out of country, we were required to get/send over the paperwork to our local Thai Embassy/stamp.   

 

This last purchase, was not required here in Pattaya.  I used the same law firm to handle this recent purchase.  I’ll ask the lawyer why this was not required this time out...