Due Diligence Checklist for Buying Property in Thailand

Skipping due diligence is the fastest way to lose money in Thai real estate. This checklist covers the critical checks you or your lawyer must complete before any purchase.

Title Deed Checks

• Verify the title deed type — it must be a chanote (Nor Sor 4 Jor) for full ownership rights
• Confirm the parcel number at the provincial Land Office (in person, not from a photocopy)
• Check for registered mortgages or encumbrances on the title
• Confirm there are no easements or rights of way that could restrict use
• Verify that boundary markers match the physical property
• Confirm the title is not in a restricted or protected zone (forest reserve, coastal setback, etc.)

Seller Verification

• Match seller's name on the title deed against their passport or Thai ID
• If seller is a company: confirm authorised signatories and that the company is in good standing
• Verify the seller has authority to sell (no court orders, bankruptcy filings, or divorce disputes involving the property)
• For inherited property: confirm the inheritance process is legally complete

Condominium-Specific Checks

• Check the building is registered as a condominium under the Condominium Act
• Obtain the current foreign ownership percentage from the juristic person office
• Confirm the foreign quota is available (less than 49% foreign freehold)
• Request copies of the condominium bylaws and house rules
• Check for any outstanding juristic person debts associated with the unit
• Review minutes from the last Annual General Meeting for any issues

Developer Checks (New Builds and Off-Plan)

• Verify the developer's company registration and track record
• Confirm the Environmental Impact Assessment (EIA) approval exists
• Confirm a building permit (ใบอนุญาตก่อสร้าง) has been issued
• Check the land title — developer must own the land or have secured a valid lease
• Review the escrow arrangement for stage payments
• Check for complaints or legal actions against the developer online

Financial and Transfer Checks

• Understand all transfer costs (transfer fee, SBT/stamp duty, withholding tax)
• Prepare the Foreign Exchange Transaction (FET) form if buying as a foreigner
• Confirm any furniture or fixtures included are listed in the contract
• For mortgaged properties: confirm the seller can discharge the mortgage at transfer
• Get a written breakdown of all costs due on transfer day

Legal Checks

• Have an independent Thai lawyer review the sales contract
• Confirm the jurisdiction clause and dispute resolution mechanism
• Understand the penalty clauses for late completion on both sides
• Verify the completion date and milestone payment schedule (off-plan)

Practical Checks

• Visit the property at different times of day (noise, flooding risk, traffic)
• Check internet connectivity and mobile signal
• Ask neighbours about building management quality
• For condos: ride the elevator, check water pressure, test air conditioning
• For land: check flood maps and drainage

Key Takeaway

This checklist is a starting point, not a substitute for a qualified Thai property lawyer. In Thailand, title deed issues and developer problems are the two most common sources of loss. A few thousand baht in legal fees saves you from potential losses that could be millions.