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Posted

I am confused after speaking with a friend.
I am a UK citizen, I have lived in Thailand for the past 7 years with my Thai gf. I have been and still am renting a house but next year I might consider buying a house.
If I bought a house + land 15 years ago for 4 million THB with a 30 year lease on the land. The 30 year land lease costing 1 million THB so the house value would be 3 Million THB. Let's assume house prices have stayed the same over the 15 years.  What is the situation if I wanted to sell my house now.
My friend said
1. I would probably have a land lease contract for 30+30+30 years.
2. The seller (me) would have to pay for a new land lease of 30 years.
3. If unable to obtain a new 30 year land lease I could not transfer the remaining 15 years of the land lease to a buyer. Basically I would be unable to sell it.
My thoughts
1. I think it is Thai law that a farang cannot lease land for more than 30 years. So these 30+30+30 years are not guaranteed. Also each time a land lease is renewed then there will be a fee paid to the land owner.
2. I guess the seller needs to pay for the new 30 year land lease simply because most houses prices advertised are for the house + a 30 year land lease.
3. I think I read that a land lease can be passed on but that was when I was writing my Thai Will and so it was a bit different. But I find it hard to believe that if I bought a house + 30 year land lease. If 1 year after buying it I wanted to sell it and the land owner would not form a new land lease contract with the buyer then I could simply not sell it. If I moved away then the only option would be to rent it out for 29 years?

4. Could I sell the house with the remaining 15 years land lease?  If so how much would it be valued at? Does anyone sell a house with less than a 30 year land lease remaining?
 

On a slightly different note I would now probably look to buy a house freehold, my gf buying the land freehold, plus have a Usufruct contract. If a house + 30 year land lease is being sold for 4 Million would you expect to pay more if you bought that same house freehold?


Any advice to clarify any of the about greatly appreciated.
Thanks in advance
Keith

 

Posted

A land lease contract for 30+30+30 years is 100% illegal and, from my knowledge of Thai law, the existence of such a written contract actually nullifies the complete contract, including for the first 30 years.

 

Rent!!

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Posted

       Your safest option if you want to own property would be to buy a condo in foreign quota.  Your name would be on the title deed and you would be the sole owner of the condo, with all that entails.   Foreign quota condos are often easier to sell, as they are seen as more desirable for a foreign buyer. This is especially true if foreign quota becomes full in a project, which can happen with some projects popular with foreign buyers.

      I would in most cases not buy a condo in Thai or Company name.   Several posters have said only rent but if you think you will be here for the long haul, buying can have some advantages.  I always like paying myself each month, rather than the landlord. 

      As we have seen with a recent thread of a buyer complaining about airport noise after he bought his condo, it's important to take your time before any condo purchase.  Do your homework and find out as much as you can about the project you are interested in, including condo fee, foreign quota availability, project financials, observations of project maintenance, condition of pool, gym and other amenities, ratio of owner-residents to renters, any problems with illegal daily renters, abundance of, or lack of, parking.  If possible, talk with some residents and make a number of visits to the project at different times of the day.  

      Buying property is a big purchase, at least it is for me.  Select the area you want to live in and then see as much property available for sale as you possibly can.  Again, go slow and gather all the information you need before purchase--it's too late to check on airport noise after you have bought the property. 

     As the buyer, you are in the driver's seat.  Don't be rushed by agents into making a purchase, whether condo or house.   I would not even consider buying a house on leased land.  Leasing is renting and I'm not a renter--but that's me.  If you are only interested in a house purchase, buying in company name is an option. 

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Posted
9 minutes ago, mokwit said:

Add: Don't buy a unit that gets the afternoon sun.

Yes.  After owning a number of sea view condos facing west (we only buy sea view), we finally wised up and our final two condos in Pattaya had sea views facing north.  Much better--we could use the balconies from morning through evening.

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Posted

It's quite simple  apart from very very  rare circumstances involving lots of money

you  (foreigner  not Thai) can not own land in Thailand..yes you can own the house built on the land you do not own  for what that's worth  :cheesy:

 

As said above  you can fully 100% legally own a condo in the foreign quota

or you can rent a nice house for a small (comparative) amount of money  and have the option to move immediately when a karaoke bar,pig farm or motorcycle dyno testing facility opens next door.

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Posted
14 hours ago, newnative said:

Foreign quota condos are often easier to sell, as they are seen as more desirable for a foreign buyer.

That's a misconception. The units are not marked as foreign\Thai quota units. Every time a unit is to be sold to a non Thai person the condo management had to issue an official letter indicating the % of units owned by non Thais and only if it is less than 49% the unit can be registered to a foreigner. As the letter is valid for a period of time and the transfer at the land office + notification to the condo management might be done at the end of that period, other letters indicating less than 49% foreign ownership might be issued and it can happen that foreign ownership will exceed the 49% for a while, meaning that a foreign owned unit would not be allowed to sell to a foreigner.

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Posted
18 hours ago, Keith5588 said:

land lease contract for 30+30+30 years.

As was already mentioned - such a lease is not legal and can be annulled including the 1st period of 30 years.

As for the sale of lease options and who paid for what, under what terms - this is up to what you agree with the land owner and put on the lease contract.

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Posted
20 hours ago, Keith5588 said:

I am confused after speaking with a friend.
I am a UK citizen, I have lived in Thailand for the past 7 years with my Thai gf. I have been and still am renting a house but next year I might consider buying a house.
If I bought a house + land 15 years ago for 4 million THB with a 30 year lease on the land. The 30 year land lease costing 1 million THB so the house value would be 3 Million THB. Let's assume house prices have stayed the same over the 15 years.  What is the situation if I wanted to sell my house now.
My friend said
1. I would probably have a land lease contract for 30+30+30 years.
2. The seller (me) would have to pay for a new land lease of 30 years.
3. If unable to obtain a new 30 year land lease I could not transfer the remaining 15 years of the land lease to a buyer. Basically I would be unable to sell it.
My thoughts
1. I think it is Thai law that a farang cannot lease land for more than 30 years. So these 30+30+30 years are not guaranteed. Also each time a land lease is renewed then there will be a fee paid to the land owner.
2. I guess the seller needs to pay for the new 30 year land lease simply because most houses prices advertised are for the house + a 30 year land lease.
3. I think I read that a land lease can be passed on but that was when I was writing my Thai Will and so it was a bit different. But I find it hard to believe that if I bought a house + 30 year land lease. If 1 year after buying it I wanted to sell it and the land owner would not form a new land lease contract with the buyer then I could simply not sell it. If I moved away then the only option would be to rent it out for 29 years?

4. Could I sell the house with the remaining 15 years land lease?  If so how much would it be valued at? Does anyone sell a house with less than a 30 year land lease remaining?
 

On a slightly different note I would now probably look to buy a house freehold, my gf buying the land freehold, plus have a Usufruct contract. If a house + 30 year land lease is being sold for 4 Million would you expect to pay more if you bought that same house freehold?


Any advice to clarify any of the about greatly appreciated.
Thanks in advance
Keith

 

The house is not worth 3 million, it's worth nowt absolutely nothing without the land it's built on

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Posted

This why you don't get advice from friends, but strangers on a forum are so much better :cheesy:

 

As @Will B Good pointed out, all great reasons to rent.

 

1.  You aren't buying anything. (unless it's a condo)

2. If relationship fails, you have no rights to sell. It's his / hers, not yours

3. Only an idiot buys a house on leased land, as only an idiot would buy it from you.

Most idiots don't have money to buy stuff.

 

Your options, rent, or buy a condo.

 

You're not even married.  How old are you , and do you plan on living 30 more years. Have kids, as who are you passing it on to?

 

Your post screams of a relationship, that you're not sure will last, and statistical wise, it probably won't.

 

Tell her you decided to buy a condo, in your name only, as see how she reacts.  That might be very telling.

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Posted
20 hours ago, MalcolmB said:

Just buy house and land in a company setup.

 

Leasing is just a scam. They will want it back after 30 years.

 

does he expect to be alive in 30?

Posted
1 hour ago, newnative said:

       My Thai spouse and I have owned 18 condos in foreign quota and 2 condos in Thai name.   We never had a problem selling any of the 18 foreign quota condos to another foreign buyer, while keeping the foreign quota.  With a number of these condos, the foreign quota was full in the project.  These condos were easy sells, each at a profit.  What you describe in your post never happened with any of our sales.

      The two condos in Thai name were bought in projects where the foreign quota was full.  They were more difficult sells, although one was easier than the other as the condo was in one of the most desirable projects in Pattaya.  Buyers will buy there even without foreign quota, as we did, because they want to be in that specific project, which is in a superior location with few other condo projects as competition.  With this project, foreign quota condos are priced higher than other units not in foreign quota.  Both condos eventually sold at a profit but they took longer to sell.

      Unless a buyer is in a situation such as the above where they absolutely must be in a specific project, I would still recommend buying in foreign quota.   You own the condo in your name, there's no Thai company directors to deal with, and no annual company paperwork you are hassled with every year.   Easier to buy, easier to sell with more potential buyers, easier to own with no annual paperwork.  

       

 

so all your condos appreciated in value and what about the 8.8% of total tax on every sale ?

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Posted
44 minutes ago, john donson said:

 

so all your condos appreciated in value and what about the 8.8% of total tax on every sale ?

     Yes, they did, do to a variety of different factors, which would take too much time to go into detail here, but one factor being they were all seaview condos, to start.  I have gone into detail on some of the factors in posts on other threads dealing with real estate.  

     Closing costs were almost always split 50/50 between buyer and seller, which is common in Thailand.  When calculating our selling price, we. of course, figured in both taxes and realtor fees, if any, when we were determining how much we needed to sell for to make a profit.  

Posted
22 hours ago, simon43 said:

A land lease contract for 30+30+30 years is 100% illegal and, from my knowledge of Thai law, the existence of such a written contract actually nullifies the complete contract, including for the first 30 years.

 

Rent!!

100% correct  , the 30 + 30 + 30 is illegal, its been tested in a Phuket court and your correct in saying it also nullifies the whole contract , so there is not even a 30 year lease 

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Posted

In my experience,  yes you can transfer whats left on the remaining 30 year lease to a new buyer. In your case thats what i would offer any buyer. If the land owner agrees  to making a new 30 year lease , then the existing lease can be cancelled,  there will be a fee at the land office to create a new 30 year lease,  if the land owner will agree.

Forget about what people tell you that you can have a 30 + 30 + 30 lease , its absolute nonsense and also illegal , the maximum is 30 years only.

 

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Posted
On 10/14/2024 at 12:26 PM, Will B Good said:

 

 

Doesn't everything you have just written scream.....rent?

 

 

Wrong....do you think as Tennant you have any rights?:cheesy: The Landlord can throw you out anytime and forget the Renting Contract, also forget to get back the Deposit! Congratulations on your naiv optimism:post-4641-1156694572:

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Posted
On 10/14/2024 at 12:09 PM, Keith5588 said:

I think I read that a land lease can be passed on but that was when I was writing my Thai Will and so it was a bit different

 

Unfortunately, a land lease in Thailand is a contract binding the lessor exclusively to the lessee or to the lessees, if multiple lessees are nominated in the contract.

 

The lease is terminated upon death of the lessee/lessees, unless a valid succession clause is included in the Thailand lease agreement, enforceable by the heirs of the lessee against the original lessor.

Leases are only transferable to third parties if the lessor permits it.

Finally, unless otherwise provided by the contract of lease, a lessee cannot sublet or transfer his rights in whole or in part of the property to third persons. Without the permission of the lessor, the latter may terminate the lease.

 

I would recommend you ask for sound legal advice, and assess your options based on your age, how solid is the relationship with your "lady", and foreseeable worst-case scenarios (such as death of one of the parties, etc.).

Or keep it simple and buy a condo, but always basing your decisions on sound legal advice.

 

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Posted
4 hours ago, newnative said:

     Yes, they did, do to a variety of different factors, which would take too much time to go into detail here, but one factor being they were all seaview condos, to start.  I have gone into detail on some of the factors in posts on other threads dealing with real estate.  

     Closing costs were almost always split 50/50 between buyer and seller, which is common in Thailand.  When calculating our selling price, we. of course, figured in both taxes and realtor fees, if any, when we were determining how much we needed to sell for to make a profit.  

 

weird, as your special business tax 3.3%, stamp duty should not be paid by the buyer... stupid people pay anything more than the shared 50/50 cost of the 2% transfer fee...  the agent that made a contract tried that too on me, till I informed me what was to be paid and by whom...

Posted

Thank you for all the comments.

To answer some questions.

My gf was working long hours when we first met but is not working now. Yes I would buy the house I am renting now if the price was right.

I am 71 years old, been with my gf 24/7 for 7 years and we get along very well and I trust her. Her family are hard working and have never asked me for any money.

I have never been married and now have no immediate family.

7 years ago I decided to rent rather than buy. We first lived in an apartment and later a condo. In both, luckily not long before we planned to move we experienced people moving in above who I believe walked about on their heels …… not good.

I believe the possibility of unwanted noise from neighbours is much greater living in a condo than in a house.

We changed to renting houses and much prefer a house, a personal choice.

I posted as I was confused about some things concerning leasing land for 30 years, all part of my learning.

Although I had almost decided that if I do decide to buy a house as I mentioned I would have my gf buy the land freehold and have a Usufruct contract giving me the right to live in it until I die, even though I do trust my gf.

Thanks for your advise @newnative  even though your choice is a condo.

I trust my gf, she is content to rent, it is me that is considering buying a house.

I don’t drink much alcohol and generally do not go to bars in Thailand, my gf had never been in a bar before meeting me, then it was only because I enjoyed playing pool in a bar during the day with a friend.

I may or may not live another 30 years but I feel that is almost irrelevant in my decisions. I do not like the thought of someone I don’t know owning the land. I love the thought of my gf owning the land and it would eventually go to her 2 children. No relationship is guaranteed to last, from my very limited experience I have found that a farang man, Thai lady relationship is equally successful as a farang, farang relationship. Obviously excluding the silly relationships where an old farang falls in love with a young Thai girl in a bar.

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Posted
2 hours ago, Keith5588 said:

Thank you for all the comments.

To answer some questions.

My gf was working long hours when we first met but is not working now. Yes I would buy the house I am renting now if the price was right.

I am 71 years old, been with my gf 24/7 for 7 years and we get along very well and I trust her. Her family are hard working and have never asked me for any money.

I have never been married and now have no immediate family.

7 years ago I decided to rent rather than buy. We first lived in an apartment and later a condo. In both, luckily not long before we planned to move we experienced people moving in above who I believe walked about on their heels …… not good.

I believe the possibility of unwanted noise from neighbours is much greater living in a condo than in a house.

We changed to renting houses and much prefer a house, a personal choice.

I posted as I was confused about some things concerning leasing land for 30 years, all part of my learning.

Although I had almost decided that if I do decide to buy a house as I mentioned I would have my gf buy the land freehold and have a Usufruct contract giving me the right to live in it until I die, even though I do trust my gf.

Thanks for your advise @newnative  even though your choice is a condo.

I trust my gf, she is content to rent, it is me that is considering buying a house.

I don’t drink much alcohol and generally do not go to bars in Thailand, my gf had never been in a bar before meeting me, then it was only because I enjoyed playing pool in a bar during the day with a friend.

I may or may not live another 30 years but I feel that is almost irrelevant in my decisions. I do not like the thought of someone I don’t know owning the land. I love the thought of my gf owning the land and it would eventually go to her 2 children. No relationship is guaranteed to last, from my very limited experience I have found that a farang man, Thai lady relationship is equally successful as a farang, farang relationship. Obviously excluding the silly relationships where an old farang falls in love with a young Thai girl in a bar.

           Although my Thai spouse and I have lived in a number of condos, we are now living in a large house with a pool on the Darkside of Pattaya.  We enjoyed our seaview condos but now that we are older--I am 72--we wanted more space to host a large family of relatives who visit us.  We now have all the space we need to do that.  We also have space should we need live-in help at some point. 

         Rather than going the Company route with the house, it is in my spouse's name on freehold, not leased, land.  I said in a previous post that I didn't like leasing.  As with you, I do like the idea that my spouse is set up and relatives will eventually inherit the house and land.  

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