Loading...
HomeLegalProperty Due Diligence
How We Help
Property Due Diligence
in Thailand
Due diligence is the set of legal and physical checks completed before a purchase becomes binding. Our Thai legal team carries them out against the specific property — title, ownership, encumbrances, the contract and the money — so problems surface while you can still walk away.
Before You Commit
Due diligence protects the money, not just the property
Most of the risk in a property purchase is fixed by the time a reservation fee is paid. The title is either clean or it is not; the seller either has authority to sell or does not; the contract is either balanced or one-sided.
The purpose of due diligence is to establish those things while you can still walk away without cost — and to explain what any problem found actually means for the purchase.
Before the Deposit
A reservation fee and a signed reservation agreement both create commitments. The searches and the contract review belong before that money leaves your account.
Problems Have a Shelf Life
A title issue, an unavailable quota or a one-sided developer contract is a manageable problem before signing. After a deposit, it is a negotiation you are on the wrong side of.
One View of the Whole Transaction
Title, physical condition, the contract, the way funds enter Thailand and the Land Office transfer are connected. They are assessed together, not in isolation.
What the Legal Team Checks
The legal position and the property
Due diligence has two halves — the legal position, checked at the Land Department, and the physical property, checked on site.
Legal position
- The title deed, its category and what security it gives
- The registered owner and their authority to sell
- Registered mortgages, charges and other encumbrances
- Boundaries, against the survey and the physical markers on site
- Restrictions, rights of way and registered interests on the title
- The foreign freehold quota for a condominium unit
- Outstanding common-area or maintenance fees
- Existing disputes or court orders affecting the property
- Building permits, certificate of occupation and EIA status where relevant
- The reservation agreement, the Sale and Purchase Agreement and any developer contract
The property
- Structural condition — cracks, movement, roof and drainage
- Water damage, damp and ventilation
- Signs of termite activity or previous treatment
- Utilities — electricity, water, drainage and connectivity
- For a condominium: the juristic person, reserve fund and building condition
- The developer's track record on earlier completed projects
Independent Review
Only your own lawyer is acting for you
The seller, the developer and the estate agent each represent someone else. Independent due diligence is the part of the process working entirely for the buyer.
The Seller's Lawyer Acts for the Seller
A lawyer introduced by the seller, developer or agent is not reviewing the contract from your side. Independent review is the only review working entirely for the buyer.
The Contract Is Drafted to Protect the Other Party
Most SPAs and developer contracts used in Thailand are drafted by the seller's or developer's lawyers. The balance usually needs adjusting before signing.
The Factual Detail Is in the Reference Layer
How Thai title deeds work, what a registered encumbrance means, how transfer taxes are calculated — the full factual picture is in our Property Law reference. This page keeps it to what affects the purchase.
Contracts and Payments
Reservation agreement, SPA and the money
The reservation agreement and the Sale and Purchase Agreement are part of due diligence, not a formality after it. So is understanding where each payment goes and on what terms.
- Exactly what is being signed at the reservation stage
- Whether the reservation fee is refundable, and when it can be retained
- What happens if a legal problem is found during due diligence
- How long the reservation remains valid
- Purchase price, deposit and payment schedule
- Completion date or a defined mechanism for agreeing it
- Title warranties and default provisions
- Who is receiving each payment, why, and how it is recorded
- Whether receipts will be issued and what happens if the sale does not proceed
What We Handle
The work on a due diligence instruction
The scope of what the team does on a due diligence instruction, from the first search to the transfer.
Title and Ownership Search
The original title document and every registered entry are examined at the Land Department, in Thai — not the copy the seller provides. The title category, the owner's authority to sell, mortgages, charges, court orders and the chain of ownership are all confirmed.
Encumbrance and Boundary Review
Registered rights of way, servitudes, leases and other interests that transfer with the land are identified, and the boundaries on the title are checked against the physical markers on site.
Condominium and Developer Checks
For a condominium: the foreign quota for the unit, outstanding fees, the reserve fund, building rules and any active juristic-person disputes. For an off-plan purchase: the developer's permits, approvals and record on earlier projects.
Contract Review
The reservation agreement, the Sale and Purchase Agreement and any developer contract are reviewed and, where appropriate, marked up — price, deposit, payment schedule, completion, default, termination and the allocation of taxes and transfer fees.
Report and Advice
The findings are set out clearly, with advice on whether a problem is a dealbreaker, a manageable issue or a point to negotiate on price — before any deposit is paid.
Support Through Completion
Where the purchase proceeds, the completion documents are assembled and coordinated with the seller, developer and juristic person so the transfer at the Land Office can proceed in order.
What to Prepare
What we need from you
Having the following ready when you instruct us means the searches and the contract review can begin without a second round of requests.
- The address, unit or plot details and building or development name
- Any title documents or unit details the seller has provided
- The reservation agreement or draft Sale and Purchase Agreement, if you have one
- The developer's or seller's brochure, specification and floor plan
- How you intend to fund the purchase and from which country
- Correspondence with the seller or agent recording agreed terms
- Your intended completion or transfer date
Exact requirements depend on the property and on whether the purchase is off-plan or resale.
How We Help
From first instruction to completion
Six steps, from the first conversation about the property through to the transfer at the Land Office.
01
Understand the Purchase
Establish which property, whether it is off-plan or resale, how you intend to hold it, how it will be funded and what you have already signed or paid.
02
Search the Title
Examine the original title document and every registered entry at the Land Department, and confirm the seller's authority to sell.
03
Assess the Property
Check structure, boundaries and utilities and, for a condominium, the juristic person, reserve fund and quota position.
04
Review the Contract
Review, mark up and, where instructed, negotiate the reservation agreement, the Sale and Purchase Agreement and any developer contract.
05
Report
Set out what has been found and explain the provisions and issues that expose you, before any deposit is paid.
06
Support to Completion
Where the purchase proceeds, coordinate the parties through to the transfer at the Land Office.
Before You Instruct Us
Questions buyers ask
Q
Is due diligence really necessary if the property looks perfect?
Yes. Appearance and legal position are two different things. A property can look immaculate and still carry an undischarged mortgage, an unavailable foreign quota, a disputed boundary or a one-sided developer contract — none of which is visible on a viewing.
Q
Should I use an independent lawyer rather than the one the agent suggests?
In our view, yes. A lawyer introduced by the seller, developer or agent is not reviewing the transaction solely from your side. Independent review exists so that someone is acting only for you.
Q
How long should due diligence take?
It depends on the property and what the searches turn up. The point is not speed — it is that the checks are completed properly before you are committed. Where a problem is found, that time is what allows it to be dealt with.
Q
Is a new-build automatically safer than a resale?
No. A new development carries developer, permit and completion risk; a resale carries title, encumbrance and condition risk. Each property is assessed on its own merits.
Q
Can you review a property I have already reserved or paid a deposit on?
Yes. The checks and the options available depend on what has been signed and what money has moved, so it is better to involve the legal team before a deposit is paid — but a review after the fact still identifies where you stand.
Related Resources
Due diligence and property in Thailand
This page covers how the firm carries out due diligence. The factual detail behind each check lives in the Property Law reference.
Thai Title Deeds Explained
→Reference: Chanote, Nor Sor 3 Gor, Nor Sor 3 and SPK 4-01, and the security each gives.
Servitudes and Encumbrances
→Reference: what a registered mortgage, right of way, lease or court order on a title means.
Building Permits and EIA
→Reference: verifying that the structures on the land were built legally.
Buying a Condominium
→The firm's legal support for a condominium purchase, start to finish.
Common Property Scams
→How the most common Thai property scams work and the warning signs.
Lawyers for Expats Thailand, 2026. This page is general information about our property due diligence service and does not constitute legal advice. The checks relevant to any particular purchase depend on the property and the parties. Contact us for advice on your specific circumstances.