POA for condo purchase.

[Johnlkuk]

Hi all, 

So I'm part way through buying a condo from home here in the UK. 

Agreement has been signed by seller and myself, and 10% deposit paid. 

As we are both foreigners, and in our home countries, we are both giving power of attorney to Thai representatives. 

Yesterday I had 2 x POAs (Thai and English versions), and copy of my passport notarised as per the agent's instruction, then straight down the Post Office and sent it on it's way to Thailand. 

This morning I notified the agent it was sent, and messaged her pictures of the documents so she knew what to expect in a few day's time. She then asked could I sign the passport copy, to which I said no, it's already sent. 

At the Notary office the notary did notarise the passport copy but I had not been asked to sign it. I only signed the POAs. 

Anyway, a few minutes after asking me to sign it the agent says, "no problem kha". 

 

My question is: Will this be a problem at the Land office when the transfer is made?

 

Edited November 1, 2023 by Johnlkuk

[Captain Monday]

Stone barking mad

[scubascuba3]

Kinda normal here to sign the passport copy, in fact sign everything, but if lawyer says it's ok it probably will be, land office can bend a little 

[Peterw42]

If the POA is filled in correctly then the land office will accept it.

What are you doing about foreign funds into a Thai bank, cashiers cheque for payment etc ??

A little hard to arrange from outside Thailand.

[Johnlkuk]

7 hours ago, scubascuba3 said:

...... but if lawyer says it's ok it probably will be.... 

 

Thanks. 

It was actually the (real estate) agent who said it, which is why I'm concerned. 

[Johnlkuk]

4 hours ago, Peterw42 said:

....What are you doing about foreign funds into a Thai bank, cashiers cheque for payment etc ?.... 

 

I tried to open an account there in May for the purpose of buying a condo, but was ill-prepared as I was only there on a visa waiver.

So the two small transfers (totalling around 10% of purchase price) I've made so far have gone to the real estate company. The remaining 90% will be sent there too.

And yes it was sent as £s, and with reference to buying a condo. 

 

[Peterw42]

1 hour ago, Johnlkuk said:

 

I tried to open an account there in May for the purpose of buying a condo, but was ill-prepared as I was only there on a visa waiver.

So the two small transfers (totalling around 10% of purchase price) I've made so far have gone to the real estate company. The remaining 90% will be sent there too.

And yes it was sent as £s, and with reference to buying a condo. 

 

I think you will find the money has to go into a Thai account in "your" name, Then your bank generates the FET to show the land office. 

[Johnlkuk]

10 minutes ago, Peterw42 said:

I think you will find the money has to go into a Thai account in "your" name, Then your bank generates the FET to show the land office. 

Makes me now think I should have come on the forum earlier to see if this was acceptable first, before even proceeding.

 

So now potentially two hiccups when it comes to transfer day.... 

[scubascuba3]

17 minutes ago, Johnlkuk said:

Makes me now think I should have come on the forum earlier to see if this was acceptable first, before even proceeding.

 

So now potentially two hiccups when it comes to transfer day.... 

Hopefully you are buying in foreign quota and not through a Thai company in your name

[GypsyT]

43 minutes ago, Peterw42 said:

I think you will find the money has to go into a Thai account in "your" name, Then your bank generates the FET to show the land office. 

But he said he doesn't have own account. What then?

 

I'm in same boat - couldn't open an account w/o 12mo visa and now buying a house.

[TimeMachine]

Wow. You are brave. Let us know when all successfully completed. Hope all goes well. Should if you follow the well reasoned careful steps. Must be a headache though.

 

[TimeMachine]

Duplicate can remove.

 

Edited November 2, 2023 by TimeMachine

[Johnlkuk]

34 minutes ago, scubascuba3 said:

Hopefully you are buying in foreign quota and not through a Thai company in your name

Yes, foreign quota. It will be my first condo purchase in Thailand. 

 

I should say I did view the condo back in May, made an offer which was rejected in June, but then was accepted last month. 

I did visit the agent's office back in May too, and they do seem quite well known and established. 

So, it's not entirely a remote purchase. 

 

 

[Johnlkuk]

32 minutes ago, GypsyT said:

But he said he doesn't have own account. What then?

 

I'm in same boat - couldn't open an account w/o 12mo visa and now buying a house

I'm looking at it as the agent is holding the funds in escrow. 

Not so normal for the UK, but maybe common in Thailand as in the US?

[Johnlkuk]

21 minutes ago, TimeMachine said:

Wow. You are brave. Let us know when all successfully completed. Hope all goes well. Should if you follow the well reasoned careful steps. Must be a headache though.

 

Thanks, yes all instructions followed. Unfortunately cannot sign something that's sent already. 

[scubascuba3]

17 minutes ago, Johnlkuk said:

I'm looking at it as the agent is holding the funds in escrow. 

Not so normal for the UK, but maybe common in Thailand as in the US?

Won't be escrow, no chance of that, so hopefully agent isn't dodgy

[Peterw42]

16 hours ago, Johnlkuk said:

Makes me now think I should have come on the forum earlier to see if this was acceptable first, before even proceeding.

 

So now potentially two hiccups when it comes to transfer day.... 

The general requirement is money into an account in your name, but the agent may be making special "arrangements" with the land office. The person to be answering your question's is the agent.

[ThaiLawOnline]

You absolutely need a to sign a form from the land department, a POA for condo, that is not the form TD21 used for Nor Sor Sam Kor and Chanotte. It is another one called Or Chor 21(อ.ช.21) (see attached)+ a copy of your passport signed. It is always needed for foreigners.

 

The POA must be notarized if from abroad. It is written on the back of it. Here's an official link from the land department:  https://www.dol.go.th/estate/Pages/17148.pdf

 

Thai people us a copy of Thai ID signed + copy of their ta bian baan signed.

 

This is 100% sure. I do transfer properties and condos for 17 years in Thailand.

POA CONDO.pdf

[Johnlkuk]

Thanks again for all the answers. 

I've now signed a copy of my passport and have posted it this morning. 

There's still 17 days before transfer day and no point in taking the chance that just a copy would have worked. 

I read again about the bank transfer(s) to Thailand and I didn't read anywhere it has to go into my own account. I believe as long as FET shows it came from me, and arrived in foreign currency, I should be all good. 

I'll update this thread, and probably start other threads regarding ownership of a condo, in due course... 

Thanks again. 

 

 

[Johnlkuk]

 Just an update to say the transfer of ownership went through without issue. 

My Thai missus confirms it is my name on the title, and not the agent's or POA lawyer's 😀

 

I'll be over early next month to collect the keys. 

Should I expect a tabian baan, or just the title deeds?