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Purchasing A House In Phuket


petercallen

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So the investment of 40 million to buy land isn't true? Owning a legit Thai company that buys land also isn't true?

Yes, the USD40 million rule is true - but nobody has ever taken advantage of it. (wonder why)

Depends on what you call 'legit'. A company that exists just so that a farang can own something, contrary to the law, is probably not 'legit'.

I was always told 40m baht..

I know someone who 'bought' PR by this system about a decade ago. 40m baht in bonds and instant PR.

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You bought the land? Are you lying to yourself or to the readers?

My money, trustworthy partner's name (been together twelve years). I then took a 30 year lease. Pretty much as secure as you can get here, though, I agree not 100%, but then, I know my partner real well.

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So the investment of 40 million to buy land isn't true? Owning a legit Thai company that buys land also isn't true?

Yes, the USD40 million rule is true - but nobody has ever taken advantage of it. (wonder why)

Depends on what you call 'legit'. A company that exists just so that a farang can own something, contrary to the law, is probably not 'legit'.

I was always told 40m baht..

I know someone who 'bought' PR by this system about a decade ago. 40m baht in bonds and instant PR.

I know several investing 40 mill baht in bonds. has been fantastic investment (8-12% net after witholdingtax) and currency has made it even better if wanting to get out now. permission to own freehold one rai, and to transfer this to another farang after 5 years of ownership.

no instant PR any more, investment visa

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I know several investing 40 mill baht in bonds. has been fantastic investment (8-12% net after witholdingtax) and currency has made it even better if wanting to get out now. permission to own freehold one rai, and to transfer this to another farang after 5 years of ownership.

no instant PR any more, investment visa

Yes I was told the PR system as stopped..

Thai bonds pay 8 - 12 % ?? After tax ?? Really ???

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What i have believed all the time is true it seems, the posts on this site confirm it.

The agent advertising foreign freehold houses has changed the one i contacted them about to freehold,

sounds like a lot of (B/S) to me as there is more than one house advertised this way.

I live with my wife in a defacto relationship which is an excepted form of relationship by the Australian

government and had no problem getting her a multiple entry visa to Australia

What other ways can you purchase a house here if you trust your partner, i know things can go wrong

in a relationship as it can anywhere in the world, i do not believe it will happen with us.

Maybe partnership or purchasing land in wife's name then building has anyone done this.

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The problem is you can buy in her name and lease back.. or usufruct back.. but then the lease or usufruct have the issue of becoming marital assets.. I always wondered if she can make a declaration that she has no claim on the lease or usufruct like we have to declare we have no interest in the land when she buys ??

Personally.. If I was to leave the wife, I would be gifting her a house anyway (tho in truth not the level of house I would consider investing in s a couple) so in some ways I can call it a write off mentally if it came to it.

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So the investment of 40 million to buy land isn't true?

Does that really exist ?? I have asked and asked and while I have also heard the rumour no one has ever actually confirmed it.

Plenty of homes over 40m here now.

purchase of immobile property does NOT qualify!

So 40m into Thai bonds and you CAN buy one rai in a farang name ?? How long must it stay in those bonds ??

when i was interested a few years ago it was five consecutive years. however, i was told that the BoI (Board of Investment) does not look favourably on financial investment only (e.g. government bonds) but insists in most cases to set up a tax generating business. as the regulations were not straight forward at all i abandoned the idea and live since then happily ever after in a home that belongs to me and my (farang) wife on land which does not belong to us.

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I know several investing 40 mill baht in bonds. has been fantastic investment (8-12% net after witholdingtax) and currency has made it even better if wanting to get out now. permission to own freehold one rai, and to transfer this to another farang after 5 years of ownership.

no instant PR any more, investment visa

Yes I was told the PR system as stopped..

Thai bonds pay 8 - 12 % ?? After tax ?? Really ???

sure albeit not p.a.! a thai government bond, maturity 10 years yields presently 3.6%, you clip coupons for 5 years, pay 15% withholding tax and your yield is 5x3.6=18x0.85=15.3% :)

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All that said, I am now (mostly) out of my mad years, in a relationship as stable as they get with Thai girls, and its time to have a home thats mine (hers). That calculation has little to do with the money tho and everything to do with my life and lifestyle.

I think you just pointed the most important. Buying your house (hers) has nothing to do with money (a 5-10 million bath house) but with your lifestyle. Of course... the marriage (if any) or relationship has to be a stable one with trust...

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The agent advertising foreign freehold houses has changed the one i contacted them about to freehold,

sounds like a lot of (B/S) to me as there is more than one house advertised this way.

## Many of the so called "freeholds" you see advertised are freehold leases for 30 years. Some companies offer shares in companies in Hong Kong against the price of the land but this can hardly be called a secure investment. Look on the net, you will see places that have been advertised for years now. If they were such an attractive investment why can't they sell them? Don't listen to agents, that's how they make a living remember. Your interests will come a distant second to the sale.

I live with my wife in a defacto relationship which is an excepted form of relationship by the Australian

government and had no problem getting her a multiple entry visa to Australia

## If I had even 20 cents for every person I'd met who trusted his Thai wife and ended up broke I'd be a rich man. I've observed Thai women coming to Australia for 25 years and can count the successful marriages on a few fingers. I've seen a number of so called loving wifes leave hubby the very day they get their permanent visa stamp.

What other ways can you purchase a house here if you trust your partner, i know things can go wrong

in a relationship as it can anywhere in the world, i do not believe it will happen with us.

## You can form a company owning 49% and have the Thai shareholders sign undated contracts resigning from the company or buy it in your wifes name and draw up a legally documented loan for the price paid for the house saying the wife owes you the money and if she doesn't pay it back she must sell the house to pay the debt. This can also stop her selling the property when your not around. This can be a bargaining chip if the marriage breaks down. You can borrow the money to buy the house in Thailand in Australia in the wifes name. You pay it back slowely and if the marriage falls apart it is her house but she has to pay off the loan in Australia. You can also have your wife borrow the money in Thailand from the bank, ask her to do this and see how she reacts. You say you'll pay 10% deposit and she can borrow the rest as after all it will be in her name.

Maybe partnership or purchasing land in wife's name then building has anyone done this.

## Yes half of the houses on Phuket owned by Thais used to be owned or were built by farangs. Same for half of the businesses including some very big resorts, bungalows etc.

My advice for what it's worth is to rent. I was renting a nice 2 bedroom house with furniture for 13,000 baht a month with free water. It was near the beach in Bang Tao and at that price I could rent for the next 20 years before I'd paid enough to buy even a modest priced house and hand. The high end stuff is a joke to me. Queensland or Perth offers much beter value, you can own it outright, get solid rent and have decent resale gains. Half the places they call "villas" in Phuket would be called a townhouse in Australia. [/b]

Edited by logbags
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....

My advice for what it's worth is to rent. I was renting a nice 2 bedroom house with furniture for 13,000 baht a month with free water. It was near the beach in Bang Tao and at that price I could rent for the next 20 years before I'd paid enough to buy even a modest priced house and hand. The high end stuff is a joke to me. Queensland or Perth offers much beter value, you can own it outright, get solid rent and have decent resale gains. Half the places they call "villas" in Phuket would be called a townhouse in Australia. [/b]

I'm with you; came here with every intention of buying, then looked at long-term rental options; we're in a place I'd happily own - it had been vacant for a long time @12,000 per month fully furnished even towels, sheets etc (3yrs old, understand they expected 15k month when it was built). Haggled to 9,000/mth for minimum 6mths, so 108k per year. They pay water and internet, cable tv too.

Had to change my mindset about owning own house, but the maths were easy. I had ideas about living here, then renting it out when we went elsewhere, keeping it as an investment. Silly ideas! Money in the bank (not Thailand bank) and rent will do it for us.

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I'm just playing Devils Advocate for this guy. I remember looking at buying some turf in Kathu in 1986 as it was so nice and peaceful. Thank God I didn't as it has turned into an overcrowded area with lousy infrastructure. The street on the way to the waterfall used to be nice and quiet with rubber trees and jungle.

I also liked Kamala but that is becoming another Patong as well. Bang Tao used to be all rice paddy and water buffalos. You must also remember you basically have little rights as a farang, you get into a beef with a local and your gunna lose one way or another. If you get into a beef with someone who is an official or cop you'll get reemed so fly low under the radar.

Places like Patong are full of transient gold digger types, it's a place to spend money not make money.

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I'm just playing Devils Advocate for this guy. I remember looking at buying some turf in Kathu in 1986 as it was so nice and peaceful. Thank God I didn't as it has turned into an overcrowded area with lousy infrastructure. The street on the way to the waterfall used to be nice and quiet with rubber trees and jungle.

I also liked Kamala but that is becoming another Patong as well. Bang Tao used to be all rice paddy and water buffalos. You must also remember you basically have little rights as a farang, you get into a beef with a local and your gunna lose one way or another. If you get into a beef with someone who is an official or cop you'll get reemed so fly low under the radar.

You probably nailed my biggest fear of buying right now.. The pace of change here makes it very hard to predict how it will be in 5 or 10 years out, on timeframes less than that I would rather rent, but timeframes longer than that I dont know that Phuket will be good for me. I look at Rawai / Nai Harn compared to just 3 years ago and its changing exponentially fast. So theres the horns of a dilemma, get in now (to own as the crowding drives up prices) or bail as its going to be too busy.. I cant make my mind up on it personally.

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My money, trustworthy partner's name (been together twelve years). I then took a 30 year lease. Pretty much as secure as you can get here, though, I agree not 100%, but then, I know my partner real well.

I agree. A relationship in the West can go down the swanny after a couple of years, and people can loose a lot of money. You have avoided that for at least 30 years. How many relationships last that long these days.

I know it's horses for courses, and everyone's relationships are different, but... I've been with my wife for slightly less than 12 years, and I wouldn't dream of asking her to sign a lease over to me. The equivelent of a pre-nup agreement, which to me is a huge kick in the teeth.

My advice would be, if your already thinking about loosing the house before you buy it, don't just walk away from the house, walk away from the relationship as well.

It would save a lot of people, alot of time and money in the long run.

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Forget the Thai Company idea. i went down that road here in Phuket and all I was doing was holding my hand up in the Land Office and putting off the inevitable knock on the door. My visit came two years ago and cost me 200K Baht estimated back tax and a possible investigation into my Retirement Visa. That is was I really not working in Thailand if I had a company? I also worry about the 30 year lease with the extension with regards to how the law, the land owner or his offspring will sit in 25 odd years time. And finally people dont consider that after you buy a house in Thailand your selling options are very limited in so far as is there another gob*hite gonna take the same risk you did? Potential buyers are basically Thai's who obviously dont have the same buying power. Recently I put a house on the market and at least 20 enthusiastic Thai families came to look at the house were most interested and immediately approached their banks for funds. They were all refused. I closed the company put the family home in the name of my Thai missus and she signed a legal document stating she neither has an interest or any lean on the property. Not perfect but as good as it gets.

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Forget the Thai Company idea. i went down that road here in Phuket and all I was doing was holding my hand up in the Land Office and putting off the inevitable knock on the door. My visit came two years ago and cost me 200K Baht estimated back tax and a possible investigation into my Retirement Visa. That is was I really not working in Thailand if I had a company? I also worry about the 30 year lease with the extension with regards to how the law, the land owner or his offspring will sit in 25 odd years time. And finally people dont consider that after you buy a house in Thailand your selling options are very limited in so far as is there another gob*hite gonna take the same risk you did? Potential buyers are basically Thai's who obviously dont have the same buying power. Recently I put a house on the market and at least 20 enthusiastic Thai families came to look at the house were most interested and immediately approached their banks for funds. They were all refused. I closed the company put the family home in the name of my Thai missus and she signed a legal document stating she neither has an interest or any lean on the property. Not perfect but as good as it gets.

Yes the company road is trouble unless you are are running a business that actually makes money. To go through all that just to own one house is a bit much. I also agree that the rapid changes that take place can leave what seems like a nice oasis one minute a disaster area the next. I'd never tell anybody not to buy but they must be aware of the pitfalls.

I can't tell you how many people I've met who have sunk their hard earned dosh into some dud project or overpriced house etc. They always say, man I'd wish I'd met you six months ago, I might not be wearing this barrel........

The 30 year lease is exactly that, glorified renting. You own nothing and have a nice house somebody else really owns in the long run. People can promise you 30 more years but under the law 30 is it so you are placing a lot of trust that the people you deal with in 30 years time will actually give a <deleted> about your interests.

This hasn't been tested yet, the first 30 year lease I ever heard of was the land where the Ex-pat hotel is and that was in the mid 80's.

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RIGHTS TO ACCESS YOUR PROPERTY

What is the position with roads here, in Australia if you develop land to sell it the roads and verges ( strip of ground each side of

the road) become the property of the local government and therefore public property and everyone has the right to use them.

I know of a situation here where a person bought a block of ground to build on and the seller retained a narrow strip of ground

between the land and the road and is demanding a substantial amount of money if he wants to connect to the electricity supply

because the wires will pass over the sellers land and he is taking legal action against the seller.

What is the situation with roads here, are they owned by the government or by the developer, or by the people who purchase

the land/houses, can you be denied access or the right to connect essential services to your property.

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I know it's horses for courses, and everyone's relationships are different, but... I've been with my wife for slightly less than 12 years, and I wouldn't dream of asking her to sign a lease over to me. The equivelent of a pre-nup agreement, which to me is a huge kick in the teeth.

So......I take it you trust her immediate family as much as you trust your wife and they won't be tempted to sell the land out from under you in the event of your wife's premature death?

Ahhh.......but she could leave it to you in her will. But, then you have a year to sell up. What if you don't want to move?

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This is another important issue. No you don't get automatic access to your land and yes you can then be slugged for the land for a driveway etc.

I bought two places in 1987 in Patong which are now behind the bloody Otop market next to the water treatment plant. On the plan it said there would be gardens, a pool, tennis courts etc, but the guy building it all went under and sold the project to a slimy Chinese Haw who lived in Phuket town.

He refused to even consider our contracts and would not even give the deposits back. He claimed we had to sue the first guy who was also a Chinese guy named Phisarn. We had to fight through three appeals by him until we won and then he tried to block access by refusing to build an access road. So we sued him and won again. He died from suspected poisoning, his brother flew in from offshore to take over and he got shot dead virtually the day he arrived in Phuket. His son then returned from London where he was studying. He got shot dead soon after so there were no more males left to fight and his wife gave up and signed over the properties.

When Phisarn turned up at court he was terrified and in a panic he was going to be next. There were a few of us as litigants but I still dunno who was behind all the killing. Some say it was his Chinese partners trying to take over all his other businesses as he had a hotel in Karon and a lot of other properties. I had dinner with his daughter and she was terrified and trying to do the right thing and smooth things out. I just asked her straight out if her fathers greed was worth it. She cried and said he would not listen to anybody. (Sound like someone we all know)

I had the choice between these and Soi Paradise which were 1.3 million baht. Mine only cost 600,000 baht each but it was hardly worth the battle as that area is now a slum until we hopefully get bought out by somebody wanting to develop the whole area. Soi Paradise would obviously have been a better choice but we only paid a small deposit while the more expensive projects wanted more upfront money.

You just need to be very careful, have a long hard look around, preferable to rent for a long while first and check out the area you want to live in.

I just remembered another thing, we had to put up a 50,000 baht bond to the judge in case we lost. We won and a fellow litigant put our 50,000 in an account in a bank in Patong. We were absent from Patong for a while and when we returned the 50,000 had gone, stolen by a bank worker. We arranged a meeting and the bank manager said he had a prime suspect and the bank was duty bound to return the money. We got it back.

See if I had to sort this myself I'd go mad, I had my wife who was born in Phuket, my nephew who was until recently the head of the Or Bor Tor and my brother in law who went to court while we weren't around. My niece collects the rent and we had a really awesome lawyer with a never die attitude.

We only paid him 150,000 baht between us and he fought until he won. That was his deal, 150,000 baht no matter how long it took and it took ten years!! :) Would sell the places in Patong today if a fair offer came. Patong is now a <deleted> hole. I heard the upstairs bars built over Soi Katoey went for 24 million baht for a 3 year lease. Still don't believe it but anything is possible when it comes to Bangla.

But if my grandma had balls she'd have been my grandpa blah blah blah............................

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What about company owned houses and land prior to the last coup when they shut the loophole.

Where do they stand now. are they grandfathered?

Yes i am interested in finding out if i can purchase a house with the old style company and if its still legal like you.

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So......I take it you trust her immediate family as much as you trust your wife and they won't be tempted to sell the land out from under you in the event of your wife's premature death?

If my wife were to die the house would belong to my son. If he wants to kick me out when he's 18, (15 years 8 months time) that'd be up to him. Unlike other people, it would actually be his and his mums house, that I bought them, not my house in their names, that they just get to live in.

Ahhh.......but she could leave it to you in her will. But, then you have a year to sell up. What if you don't want to move?

So the biggest thing that concerns you about your partner of 12 years, dying, is will I have to move house or not!!

And there's me thinking romance was dead!

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What about company owned houses and land prior to the last coup when they shut the loophole.

Where do they stand now. are they grandfathered?

Yes i am interested in finding out if i can purchase a house with the old style company and if its still legal like you.

U can purchase them just by a transfer of shares..no land office fees... but I dont know where they stand legally

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So......I take it you trust her immediate family as much as you trust your wife and they won't be tempted to sell the land out from under you in the event of your wife's premature death?

If my wife were to die the house would belong to my son. If he wants to kick me out when he's 18, (15 years 8 months time) that'd be up to him. Unlike other people, it would actually be his and his mums house, that I bought them, not my house in their names, that they just get to live in.

Ahhh.......but she could leave it to you in her will. But, then you have a year to sell up. What if you don't want to move?

So the biggest thing that concerns you about your partner of 12 years, dying, is will I have to move house or not!!

And there's me thinking romance was dead!

Dear me....you seem to be in a real rush to grab the moral high ground.

Firstly, I have no children, so, if my partner dies, it goes to her family. We are not in the same position.

Secondly, discussing with your partner what happens to each person in the event of the premature death of the other is necessary. We each want the other to have a secure home if one of us dies. Is that so bad? There is a time for romance and there is a time to be realistic and face up to possibilities.

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This is another important issue. No you don't get automatic access to your land and yes you can then be slugged for the land for a driveway etc.

I bought two places in 1987 in Patong which are now behind the bloody Otop market next to the water treatment plant. On the plan it said there would be gardens, a pool, tennis courts etc, but the guy building it all went under and sold the project to a slimy Chinese Haw who lived in Phuket town.

He refused to even consider our contracts and would not even give the deposits back. He claimed we had to sue the first guy who was also a Chinese guy named Phisarn. We had to fight through three appeals by him until we won and then he tried to block access by refusing to build an access road. So we sued him and won again. He died from suspected poisoning, his brother flew in from offshore to take over and he got shot dead virtually the day he arrived in Phuket. His son then returned from London where he was studying. He got shot dead soon after so there were no more males left to fight and his wife gave up and signed over the properties.

When Phisarn turned up at court he was terrified and in a panic he was going to be next. There were a few of us as litigants but I still dunno who was behind all the killing. Some say it was his Chinese partners trying to take over all his other businesses as he had a hotel in Karon and a lot of other properties. I had dinner with his daughter and she was terrified and trying to do the right thing and smooth things out. I just asked her straight out if her fathers greed was worth it. She cried and said he would not listen to anybody. (Sound like someone we all know)

I had the choice between these and Soi Paradise which were 1.3 million baht. Mine only cost 600,000 baht each but it was hardly worth the battle as that area is now a slum until we hopefully get bought out by somebody wanting to develop the whole area. Soi Paradise would obviously have been a better choice but we only paid a small deposit while the more expensive projects wanted more upfront money.

You just need to be very careful, have a long hard look around, preferable to rent for a long while first and check out the area you want to live in.

I just remembered another thing, we had to put up a 50,000 baht bond to the judge in case we lost. We won and a fellow litigant put our 50,000 in an account in a bank in Patong. We were absent from Patong for a while and when we returned the 50,000 had gone, stolen by a bank worker. We arranged a meeting and the bank manager said he had a prime suspect and the bank was duty bound to return the money. We got it back.

See if I had to sort this myself I'd go mad, I had my wife who was born in Phuket, my nephew who was until recently the head of the Or Bor Tor and my brother in law who went to court while we weren't around. My niece collects the rent and we had a really awesome lawyer with a never die attitude.

We only paid him 150,000 baht between us and he fought until he won. That was his deal, 150,000 baht no matter how long it took and it took ten years!! :) Would sell the places in Patong today if a fair offer came. Patong is now a <deleted> hole. I heard the upstairs bars built over Soi Katoey went for 24 million baht for a 3 year lease. Still don't believe it but anything is possible when it comes to Bangla.

But if my grandma had balls she'd have been my grandpa blah blah blah............................

Such a classic expat story, I actually found parts of it quite amusing and familair from my own experiences. You will scare the newbies!

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Such a classic expat story, I actually found parts of it quite amusing and familair from my own experiences. You will scare the newbies!

Well to be honest, in the 25 years I have been around Patong I still cannot believe how many otherwise intelligent and decent men completely lose all perspective in the company of a younger pretty Isarn girl.

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Dear me....you seem to be in a real rush to grab the moral high ground.

Firstly, I have no children, so, if my partner dies, it goes to her family. We are not in the same position.

Secondly, discussing with your partner what happens to each person in the event of the premature death of the other is necessary. We each want the other to have a secure home if one of us dies. Is that so bad? There is a time for romance and there is a time to be realistic and face up to possibilities.

Not taking the moral high ground with you personally. As I said everyone's relationships are different, and you've done what's quite clearly right for you. It was more of a general point about people with Thai spouses buying property.

The amount of people who enter relationships that are doomed to fail from day one, and loose their houses when they do is obviously high. The thing that annoys me is when they turn around and blame the Thai laws for their loss, and the fact that they can't own their own land.

My point was, if you are in a normal, healthy, stable relationship, one no different from the kind two people from the same country would be in, then you should not be overly worried. If you are overly worried from day one, then as I said, it's probably your best opertunity to re think the whole thing.

I love the thai laws regarding land ownership, and the strict laws about employment. Imagine a Thailand where every Farang with a failed six month marriage to a bargirl, who quite clearly will never be able to adapt to the local culture and community, could own what they wanted and do what ever job they wanted here. How long would it take for the very fabric of society to come away at the seems. I'd give it 3 months.

Farang want the laws changed, simply for their own selfish needs, because quite simply it would make their lives better. They have no regard what so ever as to what would be best for Thai people or Thai society in general.

As I said before. If I was to buy property, it would be for my Thai wife and my half Thai son first, and for me second. Too many Farang still think of their Thai partners as being further down the food chain than themselves. Just another addition to their new lives in the East, along with their pick up and their pool villa. People who enter marriages like that deserve to loose everything.

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Don't be so ...Far rang cannot own Jack S**T in Thailand. Not let any swanky salesman tell you otherwise. Come Thailand.... enjoy,Rent pay and Go always.

Better to invest in a western economy where you have rights Freehold purchase ability..and be protected by law that not only looks after the Indigenous population.

which enables you to take your property with you when they carry you to the graveyard or crematorium :)

Owning a property freehold allows you to sell the property if you wish to or leave it in tour estate to anyone of your choice.

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If aliens didn't insist on paying over the odds for leasehold (paying far more than anything even remotely near a fair freehold valuation) then only being able to own leasehold wouldn't be a problem.

I agree with you, property is very over valued in phuket.

I have been using the internet for 2 years and lots of property's which were on the market when i first started are still for sale.

They say property increases in value here at 20% a year, that may have been true 3 years ago when you had to sign a contract

and wait for the house to be built and there was a shortage of reasonably priced established homes, this is no longer the case.

Drive anywhere on the island especially where expats live and you will see lots of property's for sale/rent and they have been for

a long time and this includes brand new homes

In my situation the best way to go as far as we are concerned is to have my wife purchase the land and i take a 30 year lease on

on it, then i can build a house with properly earthed electrical wiring ( earthed to the ground not the metal in the roof which is

absolutely useless because if you have an electrical fault you turn the roof cavity into a dead trap and the electricity will travel

through your body to ground when you turn the shower on).

Proper plumbing with pee traps in it ( a U shaped bent in the pipe which acts as a water trap) so the smell and mosquitoes and

cockroaches that live in the septic system cannot come through the pipes into the house.

The apartments and houses i have lived in here do not have this.

If we do buy an established house i will have it checked to make sure its built to international standards.

The value of a property here is not the asking price but what you can sell it for and most people ask far to much for there property

and will not lower the price until they get desperate and this is happening more all the time and they get less money than they would have

got in the first place if they marketed there house at its true value.

A cash buyer has a lot of bargaining power and i believe its only going to get better in the near future.

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