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Leashold + freehold contract law setup


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I want to buy the land.

Seller can make both leasehold and freehold for land.

I do not want to take risks owning land on company with 51% Thai.

I want do this:

  1. Sign leashold contract with Developer and register it in Land Office
  2. Sign freehold contract with Developer with open date and open name of the company-buyer


When I want to sell land or make my freehold for the land I :

  1. Write date and name of buying company to freehold agreement
  2. Cancel leashold contract in Land Office
  3. Register freehold contract in Land Office

Questions:

  1. When registering freehold contract - Land Office need only signed contract or they need to see the person who signed contract or director of Developer?
  2. When registering freehold contract - do I need first cancell previous leasehold contract and how can I do this myself, without Developer?
  3. If in 10 years Developer will dissappear (close company for example) then will I be able to make freehold by signed before contract (from point 2.)?
  4. What risks you see in this contract setup?

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The seller may sign anything you want to close the deal. If you have a 'freehold agreement' with the seller it has no practical use, other than you could go to court but it may up end void. You cannot use it as a pre signed contract, you would still need to transfer the property at the land department, have to sign at that time the official separate thai language land office sale agreement. Maybe a company would be better, bangkoklawyer says he knows how to set it up.

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As has been stated, your idea isn't going to work. A freehold contract is worthless because 1. It would allow you to own land, and that is unlawful, and 2. You never own something freehold until your name is put on the chanote at the land office.

Try again. If it was that easy to circumvent Thai law everyone would be doing it.

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