uptoyoumyfriend Posted March 20, 2012 Share Posted March 20, 2012 (edited) as the header says i want to make sure i can stay at my house should anything happen to the wife and the family inherits all....i saw some recommendations like summalee at tanin but maybe there is somebody less busy or less expensive or both who can do such a run of the mill contract and record it at the tambon office Edited March 20, 2012 by uptoyoumyfriend Link to comment Share on other sites More sharing options...
thaimiller Posted March 20, 2012 Share Posted March 20, 2012 (edited) You have mentioned Sumalee, I have used her for many things including my first marriage visa and setting up my business, yes she's not the cheapest but I would only ever use her. I know friends of mine that used her for their house purchase and found her very informative also. Edited March 20, 2012 by thaimiller Link to comment Share on other sites More sharing options...
Tywais Posted March 20, 2012 Share Posted March 20, 2012 An inflammatory/nonsense post and replies to it have been removed. Link to comment Share on other sites More sharing options...
tomdfc Posted March 21, 2012 Share Posted March 21, 2012 Sumalee was excellent for us in regards to both our 30 year lease and Thai Wills. Link to comment Share on other sites More sharing options...
Thighlander Posted March 21, 2012 Share Posted March 21, 2012 Thw lawyer that did it for me in 2006 no longer does it. I think she realized that there could be consequences for her clients. It worked out perfectly for me, I sold after two years in 2008. I would only buy a condo in my name--period. Link to comment Share on other sites More sharing options...
triffid Posted March 21, 2012 Share Posted March 21, 2012 You have mentioned Sumalee, I have used her for many things including my first marriage visa and setting up my business, yes she's not the cheapest but I would only ever use her. I know friends of mine that used her for their house purchase and found her very informative also. Can you give me specifics on 'summalee' - name, contact etc? Link to comment Share on other sites More sharing options...
thaimiller Posted March 21, 2012 Share Posted March 21, 2012 You have mentioned Sumalee, I have used her for many things including my first marriage visa and setting up my business, yes she's not the cheapest but I would only ever use her. I know friends of mine that used her for their house purchase and found her very informative also. Can you give me specifics on 'summalee' - name, contact etc? look up Tanin Law, Chiang Mai and i will PM you her number. Link to comment Share on other sites More sharing options...
triffid Posted March 22, 2012 Share Posted March 22, 2012 You have mentioned Sumalee, I have used her for many things including my first marriage visa and setting up my business, yes she's not the cheapest but I would only ever use her. I know friends of mine that used her for their house purchase and found her very informative also. Can you give me specifics on 'summalee' - name, contact etc? look up Tanin Law, Chiang Mai and i will PM you her number. Thnks. And I just realized you've answered the questions I asked in my PM. Apologies for not remembering what I read. Ravages of age! Link to comment Share on other sites More sharing options...
Tonto21 Posted March 24, 2012 Share Posted March 24, 2012 I have a 30 year lease on the house I live in, I did not go through a lawyer….You don’t need one, I’ve done this twice now. All a lawyer will do is fill out the form, (held in the land office) get you to sign, along with the property owner, submit the Chanot for recording…….And take a shit load of money off you. I’m really not trying to be a smart ass guys, but the lawyer will do nothing you can’t do yourself, the help of an interpreter is a must, (someone you can trust) for peace of mind, but in my experance they are pretty good in the land office. It is so easy! Takes about an hour at the land office, you go with the property owner, fill out the lease form.....You then keep the original lease document, (the only legal document you need) the land office the owner gets a copy. ……Job done….Can‘t remember the exact amount, but I think it cost less than a 1000Baht. Point to note; if you go through a lawyer you'll get all sorts of fancy paper work back, IE; you lease, (lease drawn up by the lawyer) If the lawyer does not register your lease with the land office you do not have a lease on the property!....... It has to be registered in the land office……….The land office doucument is the only one thats has legal status. The owner can kick you out at any time, sell the house from under you as you are not registered as having a lease. At this point you can wave you lawyer’s lease document about as they move you out the house. Bottom line guys; you don’t need a lawyer to do this, just regester you lease at the land office........... Link to comment Share on other sites More sharing options...
onthedarkside Posted March 24, 2012 Share Posted March 24, 2012 <snip> Bottom line guys; you don’t need a lawyer to do this, just regester you lease at the land office........... Yes, I agree. Bought a 30 year lease without a lawyer and sold it 5 years later without a lawyer. Easy to do yourself at the local land office. No hassles. Small fee to pay (few hundred baht). Link to comment Share on other sites More sharing options...
veryruay Posted March 24, 2012 Share Posted March 24, 2012 (edited) I have a 30 year lease on the house I live in, I did not go through a lawyer….You don’t need one, I’ve done this twice now. All a lawyer will do is fill out the form, (held in the land office) get you to sign, along with the property owner, submit the Chanot for recording…….And take a shit load of money off you. I’m really not trying to be a smart ass guys, but the lawyer will do nothing you can’t do yourself, the help of an interpreter is a must, (someone you can trust) for peace of mind, but in my experance they are pretty good in the land office. It is so easy! Takes about an hour at the land office, you go with the property owner, fill out the lease form.....You then keep the original lease document, (the only legal document you need) the land office the owner gets a copy. ……Job done….Can‘t remember the exact amount, but I think it cost less than a 1000Baht. Point to note; if you go through a lawyer you'll get all sorts of fancy paper work back, IE; you lease, (lease drawn up by the lawyer) If the lawyer does not register your lease with the land office you do not have a lease on the property!....... It has to be registered in the land office……….The land office doucument is the only one thats has legal status. The owner can kick you out at any time, sell the house from under you as you are not registered as having a lease. At this point you can wave you lawyer’s lease document about as they move you out the house. Bottom line guys; you don’t need a lawyer to do this, just regester you lease at the land office........... Quite agree on this!!! It's paper work, we can always put in some times to do it ourselve saving ten of thousands to the lawyer. Have another question , I understand this 30 year lease. Can I do it this way?? If anything happen to the Missus ( Thai ), the husband ( foreigner ) can sell the house and get the cash back or alternatively, if something happen to both party, can the house pass it to the husband ( foreigner ) family BUT not to the Missus ( Thai ) family ??? Edited March 24, 2012 by veryruay Link to comment Share on other sites More sharing options...
Tonto21 Posted March 24, 2012 Share Posted March 24, 2012 I have a 30 year lease on the house I live in, I did not go through a lawyer….You don’t need one, I’ve done this twice now. All a lawyer will do is fill out the form, (held in the land office) get you to sign, along with the property owner, submit the Chanot for recording…….And take a shit load of money off you. I’m really not trying to be a smart ass guys, but the lawyer will do nothing you can’t do yourself, the help of an interpreter is a must, (someone you can trust) for peace of mind, but in my experance they are pretty good in the land office. It is so easy! Takes about an hour at the land office, you go with the property owner, fill out the lease form.....You then keep the original lease document, (the only legal document you need) the land office the owner gets a copy. ……Job done….Can‘t remember the exact amount, but I think it cost less than a 1000Baht. Point to note; if you go through a lawyer you'll get all sorts of fancy paper work back, IE; you lease, (lease drawn up by the lawyer) If the lawyer does not register your lease with the land office you do not have a lease on the property!....... It has to be registered in the land office……….The land office doucument is the only one thats has legal status. The owner can kick you out at any time, sell the house from under you as you are not registered as having a lease. At this point you can wave you lawyer’s lease document about as they move you out the house. Bottom line guys; you don’t need a lawyer to do this, just regester you lease at the land office........... Quite agree on this!!! It's paper work, we can always put in some times to do it ourselve saving ten of thousands to the lawyer. Have another question , I understand this 30 year lease. Can I do it this way?? If anything happen to the Missus ( Thai ), the husband ( foreigner ) can sell the house and get the cash back or alternatively, if something happen to both party, can the house pass it to the husband ( foreigner ) family BUT not to the Missus ( Thai ) family ??? Not sure, sorry……Best wait for someone who knows. Link to comment Share on other sites More sharing options...
onthedarkside Posted March 24, 2012 Share Posted March 24, 2012 Have another question , I understand this 30 year lease. Can I do it this way?? If anything happen to the Missus ( Thai ), the husband ( foreigner ) can sell the house and get the cash back or alternatively, if something happen to both party, can the house pass it to the husband ( foreigner ) family BUT not to the Missus ( Thai ) family ??? That's not easy question to answer. I assume the 'missus' would be the land owner. Land ownership would pass on to her family and they might not agree to the transfer of the lease (by the leaseholder) to another party. On the death of the leaseholder (ie the farang) the lease is null and void = cancelled. Not many people realise this legal fact. I know cos it happened to a friend of mine. The 'civil' contact stated that the balance of the 30 year lease would pass on to his daughter. On his death the guy's Thai girlfriend would not sign the lease over to the guy's daughter. Case still in civil court these last 10 years. So if 'both parties' pass away then it's at the discretion of the missus's family. Link to comment Share on other sites More sharing options...
veryruay Posted March 24, 2012 Share Posted March 24, 2012 Have another question , I understand this 30 year lease. Can I do it this way?? If anything happen to the Missus ( Thai ), the husband ( foreigner ) can sell the house and get the cash back or alternatively, if something happen to both party, can the house pass it to the husband ( foreigner ) family BUT not to the Missus ( Thai ) family ??? That's not easy question to answer. I assume the 'missus' would be the land owner. Land ownership would pass on to her family and they might not agree to the transfer of the lease (by the leaseholder) to another party. On the death of the leaseholder (ie the farang) the lease is null and void = cancelled. Not many people realise this legal fact. I know cos it happened to a friend of mine. The 'civil' contact stated that the balance of the 30 year lease would pass on to his daughter. On his death the guy's Thai girlfriend would not sign the lease over to the guy's daughter. Case still in civil court these last 10 years. So if 'both parties' pass away then it's at the discretion of the missus's family. Great info. If I did not remember wrongly, a lawyer advised many years back using the USUFRUCT ( something like this ) . So assumed that both of them are without any children, when the Thai's pass away first, the foreigner can stay in the house OR to sell it away within a certain period like 12 months......... Or if the foreigner pass away first, the property belongs to the Thai and the third scenario, both parties pass away. The foreigner can write a will to pass the property to his family abroad BUT they still need to sell it in a certain period!!!! Correct me if I am wrong because this is what I remember!!! Link to comment Share on other sites More sharing options...
harryfrompattaya Posted March 24, 2012 Share Posted March 24, 2012 (edited) I have a 30 year lease on the house I live in, I did not go through a lawyer….You don’t need one, I’ve done this twice now. All a lawyer will do is fill out the form, (held in the land office) get you to sign, along with the property owner, submit the Chanot for recording…….And take a shit load of money off you. I’m really not trying to be a smart ass guys, but the lawyer will do nothing you can’t do yourself, the help of an interpreter is a must, (someone you can trust) for peace of mind, but in my experance they are pretty good in the land office. It is so easy! Takes about an hour at the land office, you go with the property owner, fill out the lease form.....You then keep the original lease document, (the only legal document you need) the land office the owner gets a copy. ……Job done….Can‘t remember the exact amount, but I think it cost less than a 1000Baht. Point to note; if you go through a lawyer you'll get all sorts of fancy paper work back, IE; you lease, (lease drawn up by the lawyer) If the lawyer does not register your lease with the land office you do not have a lease on the property!....... It has to be registered in the land office……….The land office doucument is the only one thats has legal status. The owner can kick you out at any time, sell the house from under you as you are not registered as having a lease. At this point you can wave you lawyer’s lease document about as they move you out the house. Bottom line guys; you don’t need a lawyer to do this, just regester you lease at the land office........... Quite agree on this!!! It's paper work, we can always put in some times to do it ourselve saving ten of thousands to the lawyer. Have another question , I understand this 30 year lease. Can I do it this way?? If anything happen to the Missus ( Thai ), the husband ( foreigner ) can sell the house and get the cash back or alternatively, if something happen to both party, can the house pass it to the husband ( foreigner ) family BUT not to the Missus ( Thai ) family ??? Thanks How can I find a interpreter? Can I find one at the land office? Edited March 24, 2012 by harryfrompattaya Link to comment Share on other sites More sharing options...
onthedarkside Posted March 24, 2012 Share Posted March 24, 2012 <snip> So assumed that both of them are without any children, when the Thai's pass away first, the foreigner can stay in the house OR to sell it away within a certain period like 12 months......... Or if the foreigner pass away first, the property belongs to the Thai and the third scenario, both parties pass away. The foreigner can write a will to pass the property to his family abroad BUT they still need to sell it in a certain period!!!! Correct me if I am wrong because this is what I remember!!! You clearly did not digest what I posted. Sure the leaseholder (foreigner) can stay in the property for the remainder of the lease. But any sale (=transfer) is at the discretion of the new land owner. And it's not automatic that the lease transfers to the leaseholder's family. The lease completely expires on the death of the leaseholder. Clear enough ... Link to comment Share on other sites More sharing options...
veryruay Posted March 24, 2012 Share Posted March 24, 2012 Very clear and thanks too! <snip> So assumed that both of them are without any children, when the Thai's pass away first, the foreigner can stay in the house OR to sell it away within a certain period like 12 months......... Or if the foreigner pass away first, the property belongs to the Thai and the third scenario, both parties pass away. The foreigner can write a will to pass the property to his family abroad BUT they still need to sell it in a certain period!!!! Correct me if I am wrong because this is what I remember!!! You clearly did not digest what I posted. Sure the leaseholder (foreigner) can stay in the property for the remainder of the lease. But any sale (=transfer) is at the discretion of the new land owner. And it's not automatic that the lease transfers to the leaseholder's family. The lease completely expires on the death of the leaseholder. Clear enough ... Link to comment Share on other sites More sharing options...
LivinLOS Posted March 25, 2012 Share Posted March 25, 2012 And this is why, for any piece of valuable land, a GOOD lawyer is worth having.. The 'lease form' suggested above will not cover finer points like.. Buyback clauses Right of first refusal Rights of transfer (without landowner interaction) Other aspects include possible registration of mortgage on the property preventing its sale without it being paid. Will and testament designating the passing of the land which is leased and to whom it goes. Theres much more to doing this right than getting a stock form and paying the fee at the land office. A lease is essentially just a contract (tho in Thailand its far stronger than mere contract law) and no two contracts between people are based on the same set of circumstances. To get a lease thats right for you, and your situation, get well informed and drill through all these detials. As mentioned for many people a usufruct is a superior arrangement. Link to comment Share on other sites More sharing options...
Tonto21 Posted March 28, 2012 Share Posted March 28, 2012 And this is why, for any piece of valuable land, a GOOD lawyer is worth having.. The 'lease form' suggested above will not cover finer points like.. Buyback clauses Right of first refusal Rights of transfer (without landowner interaction) Other aspects include possible registration of mortgage on the property preventing its sale without it being paid. Will and testament designating the passing of the land which is leased and to whom it goes. Theres much more to doing this right than getting a stock form and paying the fee at the land office. A lease is essentially just a contract (tho in Thailand its far stronger than mere contract law) and no two contracts between people are based on the same set of circumstances. To get a lease thats right for you, and your situation, get well informed and drill through all these detials. As mentioned for many people a usufruct is a superior arrangement. Hi ‘LivingLOS’ ………….Good points. However I feel this topic has taken a left and right since I and a few others posted, now making your post valid. The topic title ‘Lawyer for 30 Year Lease lawyer for - any recent experiences?’ The OP, IMO was taking about just a straight forward lease, and in that case I would still recommend doing it himself. As far as the issues you raise, of course if they are a concern to the leaseholders he/she best get a lawyer. Link to comment Share on other sites More sharing options...
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