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Thailand Time
The law in Thailand can seem complicated to people who are not regular travellers to the Country. Foreigners can be bewildered by the clear flouting of the laws they will see in respect of wearing a Motorbike helmet or having defective lights. Traffic Police will set up checkpoints and you will see so many violations being resolved simply by a payment of a few hundred baht.
Although this can seem refreshing from the heavy handed approach in the West whereby a court appearance and points being put on your driving record seems to be the norm, you must understand that when it comes to property you do need a lawyer. if matters are not dealt with properly you can see your asset go to your Thai Girlfriend or even her family after an argument, but when dealt with properly by Thai Lawyers upon purchase your position is secure and you will have no concerns that you could lose your assett following an argument with your Thai girlfriend.
Too many people travel to Thailand and fall madly in love with a Thai Lady and within that realtionship a home is purchased for both of them, but through rose coloured spectacles the foreigner fails to seek legal advice and he simply allows for the property to be put in her name for convenience. Too many foreigners then wake up one morning to find that the extended family have been moved in and that any rights they thought they had to the property they had paid for just do not exist.
The difficulty in Thailand is that it is "Forbidden" for a foreigner to own land. Land belongs to the king and the Thai Government have legislated that land cannot be owned by a foreigner.
But this situation can be resolved and 2 mechanisms exist for the purpose of ensuring you actually have legal title to your property.
1. A foreigner can own a Thai Company and that Thai Company can own land and property. The legal position is on the face of it slightly complex because a foreigner cannot own more than 49% of the company and the other 51% of the shares have to be held by Thai Nationals. A lawyer is needed to ensure that the 51% shares are dispersed to a number of Thai nationals (used simply for this purpose) and that contractual matters are put in place to ensure that the foreigners 49% is in reality over 51% and therefore title to the land is secure as you will have a majority position in your company.
Their are costs involved in setting up a company and these will be met from your completion fees. Ongoing costs are around $500 a year to maintain the company. If you choose to make it a proper trading company and set up a business in Thailand you will be able to obtain a work visa, depending on the level of investment you make into the company.
Visa information can be provided and this is largely dependent on whether you wish to arrange a work visa, a retirement visa or a non resident visa with multiple entries. If you have enough money you can buy a Thai Gold Elite Card from the Thai Government at a cost of around 1 Million Baht and receive multiple benefits. Visa requirments change regularly so please ensure you obtain proper legal advice to secure your residency status in Thailand.
2. Another way to secure your property is simply to let our company lease it to you in continual 30 year terms. This is a relatively simple mechanism to set up and unlike option 1 (above) their are no annual fees and no risk that you will forget (or not be able) to renew your Thai Company status and put matters at risk.
Our experience enables us to confidently sell property in Thailand to Foreigners, secure in the knowledge that their purchase is secure.
Click on the links above for more information on what you need to know about land purchase and relocation to Thailand.