Are There Any Problems With Selling House After You've Left Thailand?

[chickencurry]

We are both foreigners, own our house (obviously not the land). We have the house registration document with both our names on it.

The house is up for sale but always a possibility that it won't sell before we leave (later this year). Are there any problems with selling if you actually aren't in the country/don't have a valid visa for Thailand?

I'm also a bit surprised that someone mentioned that "permanent residents" can have his/her name included on a house registration document. We're on retirement visas which I don't think can be classed as "permanent" in any way - and yet our names are on the document.

Any thoughts anyone?

[thainet]

I am basing my reply on what you've said, so I think you are in for a rude awakening.Not sure what you mean by 'house registration document'.

That is usually the blue 'Tibbian barn' and foreigners basically cannot be listed on that, so maybe you have a yellow Tibbian barn, but either way these are NOT ownership papers, just where a person is registerd.

So if you haven't got a Company that owns the land then you're screwed, because nobody is going buy a house (which as I've said above you obviously don't own) if someone else has the Chanoot (ie: land ownership papers). So unless you left some info out, then have a good trip home.

Only exception is if you bought into an estate that leased out the houses for 'x' years, then you maybe able to sell or transfer the lease but that would be stipulated in the original contract.

[stolidfeline]

Yes, you don't own the house.

[torrenova]

Who owns the land ? A company you control or some Thai ?

[chickencurry]

I am basing my reply on what you've said, so I think you are in for a rude awakening.Not sure what you mean by 'house registration document'.

That is usually the blue 'Tibbian barn' and foreigners basically cannot be listed on that, so maybe you have a yellow Tibbian barn, but either way these are NOT ownership papers, just where a person is registerd.

So if you haven't got a Company that owns the land then you're screwed, because nobody is going buy a house (which as I've said above you obviously don't own) if someone else has the Chanoot (ie: land ownership papers). So unless you left some info out, then have a good trip home.

Only exception is if you bought into an estate that leased out the houses for 'x' years, then you maybe able to sell or transfer the lease but that would be stipulated in the original contract.

I'm obviously not using the correct terminology, so apologies for that. I am not a property expert. If I was, I wouldn't be posting on here, would I? And no, I am not going back to my "home" country and I'm really not sure what that has got to do with the topic anyway. Back on topic:

I'll start again and I shall try and be as clear and concise as possible for you. We have the Blue Book and confirm we are not mentioned in there, as you correctly predicted. I can read enough Thai to be able to spot our names (or not as in this case).

Yes we have a land lease on an Estate. We are on good terms with the land owner of the Estate and there will be no problems with transfer. That has been confirmed and may even sell through them.

The Thai document with official stamps(?) which I referred to earlier as 'house registration document' - I have just dug this out and we had to get an English translation done for our next visa to another country. I've just read the translation and it actually says at the top "From Thor.Or.5" and underneath "Premise Sale Agreement" and mentions the Estate owners and then our names. So I guess it is actually a Sales Agreement - my mistake

We actually went to see a Thai lawyer yesterday (one recommended on this forum). She confirmed that all our papers were in order for selling and explained one or two things regarding tax which we now understand better.

The one thing that is puzzling us is this reference (on another thread) that you must somehow be "resident" here. We have one year retirement visas and we were planning to let them expire when they run out in September. We will be leaving Thailand before then. We did ask the lawyer if this would be a problem. She said first "No". Then afterwards said "But you can easily go to Immigration". We couldn't really understand what she was getting at. Her English was good but not that good, but my Thai is still diabolical unfortunately.

Sure, we can ask at our Estate management office. They will probably know I guess. But I just thought that some of you experts on here might be able to confirm. That's it - over to you. Hope you can assist - cheers.

[hhgz]

"Sure, we can ask at our Estate management office. They will probably know I guess."

Yep. You can utilize a "power of attorney", and have someone sign documents in your absence. I purchase a condo from an Indian living in Tibet, and the owner used his attorney (through a power of attorney) to settle the sale.

[chiang mai]

Yes, you don't own the house.

[chickencurry]

"Sure, we can ask at our Estate management office. They will probably know I guess."

Yep. You can utilize a "power of attorney", and have someone sign documents in your absence. I purchase a condo from an Indian living in Tibet, and the owner used his attorney (through a power of attorney) to settle the sale.

Thanks very much. That's the sort of answer I was hoping for. Cheers.

[scorecard]

"Sure, we can ask at our Estate management office. They will probably know I guess."

Yep. You can utilize a "power of attorney", and have someone sign documents in your absence. I purchase a condo from an Indian living in Tibet, and the owner used his attorney (through a power of attorney) to settle the sale.

Thanks very much. That's the sort of answer I was hoping for. Cheers.

Just to clarify the point about 'Permanent Resident' (PR) status.

This is a different scenario to the so called 'retirement visa' or in fact any other visa.

And 'retirement visa' does not of itself automatically lead to 'PR' status (I mention this because I've recently heard several people who have 'retirement visa' say that after 5 years on a 'retirement visa' it automatically converts to 'Permanent Resident' status. This is not true.)

'PR' is a different process to 'retirement visa' and 'PR' is not all that easy to get, and as has been mentioned here many times, the approvals for 'PR' have slowed down a lot in recent years.

However it is true that if you are approved for 'PR' status then your name (along with an ID number) is recorded in the Tabien Bann book for the place you nominate as your abode.

I'm pretty lucky I got 'PR' about 15 years ago.

Edited February 2, 2010 by scorecard