Property

Property Due Diligence Checklist

The checks that should be complete before any deposit. Title, encumbrances, the seller, the building, and the money trail.

6 min read

Title verification

The first check is the title deed. The deed is verified at the Land Office against the seller's name and the property's details. The type of title matters: a chanote is the strongest, while lesser titles carry restrictions on transfer and use.

For a condominium, the unit's title and the foreign quota are checked. For land, the title and any associated building permits are reviewed. A title that does not match the seller, or that carries restrictions, is a reason to stop before any money moves.

Encumbrances and third-party rights

The title is searched for mortgages, liens, court orders and other encumbrances. An encumbrance does not necessarily stop a purchase, but it must be cleared at or before transfer, and the price and the timing should reflect it.

For leasehold purchases, the lessor's title and the right to grant the lease are verified, and any prior leases or rights over the land are checked. A lease from someone who does not have full title, or that is longer than the lessor's own interest, is not secure.

The seller and the developer

For a resale, the seller's identity and capacity to sell are confirmed. For a company seller, the company's authority and the signatory's power are checked. For an off-plan purchase, the developer's track record, the project's licences, and the escrow arrangements are reviewed.

Off-plan purchases carry particular risk. The project's environmental impact assessment, the building permit, and the sale licence should be in place, and the buyer's payments should be protected by an escrow account or a stage structure tied to construction. A developer without these in place is a risk whatever the price.

The money trail

For a foreign-quota condominium, the purchase funds must generally be remitted from abroad in foreign currency and converted on arrival, with a foreign exchange transaction form issued by the receiving bank. The form is the document the Land Office needs to register the transfer.

The remittance must be in the buyer's name and must match the purchase. Funds already in Thailand, or remitted in a different name, can cause the registration to be delayed or refused. We coordinate with the bank and the Land Office so the money trail supports the transfer.

After the checks, before the deposit

Due diligence is complete when the title, the encumbrances, the seller and the money trail are all clear. Only then should a deposit be paid, and the deposit should be tied to a contract that protects the buyer if the transfer does not proceed.

The contract, the deposit, the transfer date and the funds handling are the conveyancing stage. Due diligence is the stage that tells you whether to proceed at all. We complete the checks and give a clear answer before any commitment is made.

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