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Isn’t a title deed check, in essence, performed during the condo conveyance process at the Land Office?

 

i don’t see the point of paying someone to do this, beforehand.
 

Especially if the amount of the contract deposit is less than the lawyer’s fee (in the worst case scenario if it turns out that the seller isn’t actually the owner and is scamming you or something, then you’d still be out less than what you would’ve paid for the lawyer fee).

 

Am I missing something?..

 

 

Kindly,

Saul

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There is no need for a lawyer to organise a condo transfer.

 

I assume that you are buying.

The land office are in charge of the whole process. Any discrepancies will be uncovered by them.

The seller needs the correct documentation.

The land office will collect the transfer fee.

 

The transfer  money from buyer to seller -this happens separately. This is of no interest to the land office.

Overall a simple process

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No need for any title checks etc, the sale wont go ahead unless everything is in order. 

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14 hours ago, Delight said:

There is no need for a lawyer to organise a condo transfer.

 

I assume that you are buying.

The land office are in charge of the whole process. Any discrepancies will be uncovered by them.

The seller needs the correct documentation.

The land office will collect the transfer fee.

 

The transfer  money from buyer to seller -this happens separately. This is of no interest to the land office.

Overall a simple process

Yes, I am buying.

 

I think I’ll probably need a lawyer to go to the land office for me since I am one of the unlucky souls who happened to be outside of Thailand when the borders shut and no way back in, currently.

 

Appreciate your reply,

Saul

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14 hours ago, Peterw42 said:

No need for any title checks etc, the sale wont go ahead unless everything is in order. 

Noted. Thanks for affirming. I thought so, but I wasn’t sure because it seems like every legal service is adding this to their condo conveyance package as if it is necessary.

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Posted (edited)
14 hours ago, Peterw42 said:

No need for any title checks etc, the sale wont go ahead unless everything is in order. 

 

I don't guess there's ever been a case of a corrupt land office official working in cahoots with a dodgy seller?

 

'Cause I remember reading several stories over the years of foreigners who thought they owned something, only to find out they didn't.

 

Edited by impulse
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Posted (edited)

This is common mistake to not having checked the unit title deed. The title search will tell:

● If the seller has clear and legal title to the unit.
● If there are any mortgages, leases, creditor right of ownership (lien), or other charges against the property.

I wouldn't save on Due Diligence for sure.

Edited by VyacheslavKHV
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On 8/11/2020 at 9:56 PM, VyacheslavKHV said:

This is common mistake to not having checked the unit title deed. The title search will tell:

● If the seller has clear and legal title to the unit.
● If there are any mortgages, leases, creditor right of ownership (lien), or other charges against the property.

I wouldn't save on Due Diligence for sure.

 

● If there are any mortgages, leases, creditor right of ownership (lien), or other charges against the property.

- Wouldn't this be shown on the back of the chanote? This is assuming it was registered at the land office. If it wasn't officially registered, would a creditor have any claim?

 

 

Also, one thing I would check is that the condo is clear of any outstanding balances at the Juristic office.  

 

 

 

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In Thailand the seller and buyer often use the Estate Agent/Lawyer to do everything for both parties. However many "Lawyers" in Thailand are not practicing Lawyers they merely have a University Degree and as such no need for insurance. I know of many people who never got title to condos they bought. Use a lawyer who actually practices law in Court it will cost less in the long run. Make sure you get a certified copy of the back and front of the title deed. For extra security you could take out a mortgage on your condo and have that registered on the Title Deed then nobody can sell your condo without your written consent and proof that they have paid off your mortgage. 

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Posted (edited)
On 8/10/2020 at 11:15 AM, saultrejo33 said:

Am I missing something?..

No need for a lawyer or any checks,

Pay at the land office when they accept the papers.

 

If you're not here don't buy.

You may never be allowed in, so no point having a property here.

Edited by BritManToo
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28 minutes ago, mal129 said:

Also, one thing I would check is that the condo is clear of any outstanding balances at the Juristic office.  

No need, the land office checks this as well.

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lawyers are overpaid lazy f's for the actual work they do

 

a chanote check, been quoted 8000 baht

 

did with a person that speaks thai = 20 baht in photo copies + taxi

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Get a photocopy of the deed & toddle along to the respective land office with a literate Thai & check.

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On 8/11/2020 at 3:04 AM, saultrejo33 said:

Yes, I am buying.

 

I think I’ll probably need a lawyer to go to the land office for me since I am one of the unlucky souls who happened to be outside of Thailand when the borders shut and no way back in, currently.

 

Appreciate your reply,

Saul

 In view of your circumstances you will need to give Power of Attorney to a lawyer.

 

This lawyer has then legal authority to represent you.

 

Vital that you use a law firm that you trust.

Finding one will depend on your location.

Suspect that the most trusted law companies are in Bangkok. Not cheap!

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I'm currently buying and AM using a lawyer.  The money involved isn't huge by many standards, but if something went wrong and I lost it, I'd be renting for life, I couldn't do it twice.  IMO, the lawyer fees are insurance for me.

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