What do real estate lawyers do?

When hiring a real estate lawyer, one often wonders whether the costs for real estate matters are truly necessary. In Thailand, expats frequently engage law firms to clarify legal documents, for example, through contract translations or by resolving real estate disputes. A reputable real estate lawyer can explain legal issues in an understandable way.

While it may be tempting to save money by handling Thai real estate matters independently, this can end up being significantly more expensive if the process is flawed or incomplete. Incomplete applications, for example, can lead to substantial fines for the buyer. Since real estate lawyers have experience with detailed legal texts, it is crucial that an expert carefully reviews the fine print of the legal documents.

Thai real estate lawyers can also assist with legal disputes, foreclosures, due diligence, negotiations, property transfers, and zoning restrictions. Since some lenders are not fluent in English, lawyers can also communicate with these lenders or other parties involved in the property purchase.

When is it advisable to consult a real estate lawyer?

If you wish to resolve a real estate dispute, require support in a property-related legal dispute, or are planning to acquire a property, it is advisable to engage a qualified real estate lawyer to guide you through the legal process. A lawyer can help you understand the terms of the contract and ensure compliance. Furthermore, they can provide advice and support in cases of problems with a difficult tenant or landlord.

Read about Thai inheritance law.

If you are planning to buy or sell a property, it is strongly recommended that you consult a real estate lawyer. This is especially true if the property you are considering has no existing rights. Anyone wishing to file a lawsuit should also seek advice from a reputable lawyer beforehand. They can represent you in court, regardless of whether the lawsuit relates to the purchase or sale of a property.

Tasks of a real estate lawyer

A real estate lawyer is responsible for carefully reviewing the land registry entry. This ensures the legality of your potential purchase and prevents fraudulent and illegal real estate transactions. The lawyer should also conduct due diligence on the property. This means verifying the seller's legal standing and the suitability of the property before the purchase. Due diligence includes gathering further information about the property, such as inspecting the land and reviewing building permits. Furthermore, the lawyer should obtain files from the relevant courts regarding the developer and the seller.

A real estate lawyer should assist with the property transfer, as it is of utmost importance that this process is completed smoothly and without errors. One of the lawyer's responsibilities during the transfer is ensuring that all fees are paid to the Land Registry. Taxes and transfer fees must be paid directly to the Land Registry in Thailand. If the client cannot pay these fees personally, the lawyer can represent them at the Land Registry, provided they have been granted power of attorney.

Tips for choosing a real estate lawyer

If you are planning to hire a real estate lawyer in Thailand, there are a few things you should consider when choosing legal counsel.

  • It is recommended to consult several lawyers to compare their advice and find the lawyer who can best meet your needs.
  • Make sure the real estate lawyer has experience in the area where you need help.
  • Ask the lawyer questions about how he intends to handle your specific case and what outcome to expect.

    • What questions should I ask if I'm considering hiring a real estate lawyer?

    If you are looking to hire a real estate lawyer in Thailand, it is important to ask questions before engaging their services. It is advisable to prepare a list of questions and concerns before speaking with a potential lawyer to ensure that all points are addressed. While the reasons for hiring a real estate lawyer vary from situation to situation, here are some frequently asked questions:

  • Could you please explain the legal wording in the contract in a way that I can understand?
  • Can you draw up a contract on my behalf?
  • How much experience do you have in this field?
  • How much is the fee for using your services and when is it due?
  • Will you be present at the contract signing (if you wish to buy or sell a property), and can you represent me if I cannot be there in person?
  • How will you ensure that my interests are protected?

    • Check the 5 most important points when reviewing a Thai real estate contract.

    Of course, there are other questions you might have, but this is simply a guide to help you create a list to ensure you've covered the topics most important to you. If you require the assistance of a real estate lawyer in Thailand, click here.