INTRODUCTION

Property Due Diligence

Investing in real estate is one of the most significant financial decisions you can make especially in a foreign country. In Thailand, where property laws and ownership regulations can differ greatly from those in your home jurisdiction, conducting proper legal due diligence is not just recommended, it’s essential.

What is Property Due Diligence?
It’s a detailed legal investigation that ensures the property you intend to purchase is genuine, lawfully owned, and free from hidden liabilities. This includes checking title deeds, confirming ownership rights, and verifying the credibility of the seller whether an individual or a company.

Without this process, you could unknowingly buy a property that:

  • Cannot be legally transferred
  • Is involved in ongoing litigation
  • Has outstanding mortgages or restrictions
  • Is misrepresented in terms of ownership or boundaries

At KTP Legal Advisory, we help both foreign investors and Thai nationals protect their property interests by offering clear, reliable, and results-driven due diligence services. Whether you’re buying a luxury condo, a seaside villa, or undeveloped land, we give you the confidence to move forward with no legal surprises.

Let us be your legal eyes and ears on the ground in Thailand.

Introduction to Property Due Diligence

Why Due Diligence

Is Crucial in Thailand?

While Thailand offers incredible opportunities in the property market, it also presents unique legal challenges especially for foreign buyers unfamiliar with the local system.

Unlike some countries, Thailand does not have a centralized title registry or title insurance. That means the buyer bears the full responsibility of verifying the property’s legal standing before making a purchase. Without proper due diligence, even an attractive property can lead to disputes, delays, or financial loss.

Thailand’s property market offers exciting opportunities but also carries hidden legal and practical risks, especially for foreign buyers unfamiliar with local laws. One overlooked mistake could cost you not just money, but your peace of mind.

Avoiding the Hidden Traps

Even if a property appears complete or ready for sale, it may still come with unresolved legal issues that can block ownership transfer or put your investment at risk. For instance:

  • Some sellers cannot legally issue the title deed, despite claiming otherwise.
  • The property may be entangled in a court case or under an asset freeze, making it ineligible for any civil transaction.
  • You might unknowingly deal with someone pretending to be the owner, and once paid, they disappear and leaving you with nothing.

These are real cases we’ve seen, especially in tourist-heavy areas like Phuket, Samui and Pattaya, where high-pressure sales tactics include promises of guaranteed rental returns or “investment privileges” that are never honored.

Scams, Suspensions & False Promises

Thailand does not offer title insurance or a nationwide registry that guarantees property history. That means:

  • Fraudsters can pose as owners or agents.
  • Developers with frozen assets may continue selling units illegally.
  • Heavily marketed projects may look legitimate but lack legal permits or fail to meet promises to buyers.

Without due diligence, these risks remain invisible until it’s too late.

What Due Diligence Protects You From

By conducting thorough legal checks, you can:

  • Confirm that the seller is the legitimate and rightful owner
  • Ensure the property is not mortgaged or under court order
  • Identify any hidden disputes, third-party rights, or encumbrances
  • Review the track record of developers or landlords
  • Avoid fraud, false advertising, and unenforceable contracts

Why Clients Choose KTP Legal Advisory

Our firm has assisted numerous clients, foreigners and Thais alike who were misled or defrauded in real estate transactions. Through our Property Due Diligence Services, we help you:

  • Uncover the full legal background of the property
  • Verify seller or developer legitimacy
  • Ensure all promises match reality and law

We dig deep, so you don’t fall deep into trouble.

 

Scope of our

Due Diligence Services

At KTP Legal Advisory, we offer a comprehensive and customized due diligence service that gives you a clear, verified picture of the property you intend to buy before you commit.

Our investigation covers every legal and practical aspect to protect you from fraud, misrepresentation, and post-purchase disputes.

3.1 Title Deed Verification

We examine the original title deed at the Land Office to confirm:

  • The property is legally registered and issued
  • The seller is the rightful and registered owner
  • The land type is transferable and suitable for your purpose (e.g., Chanote or Nor Sor 3 Gor)

3.2 Encumbrance and Mortgage Search

We investigate whether the property is:

  • Subject to any mortgage, lease, or court injunction
  • Involved in any legal dispute or enforcement proceeding
    This protects you from buying property with hidden financial or legal burdens.

3.3 Land Use and Building Permit Check

If there is any structure on the land, we will:

  • Confirm that the building permit has been lawfully issued
  • Verify the construction complies with applicable building control regulations
  • Check whether the building can be registered for ownership transfer

3.4 Developer & Project Background (for Off-Plan or Condo Projects)

When dealing with developers or off-plan properties, we:

  • Verify that the developer holds the land and project rights
  • Review project approvals such as EIA (Environmental Impact Assessment)
  • Check whether the project is registered under the Condominium Act
  • Investigate the developer’s track record, and legal status

3.5 Corporate Seller Due Diligence

If the seller is a company, we conduct a full check on:

  • Company registration, directors, and authority to sign
  • Whether the company is under liquidation, court receivership, or asset freeze
  • Legal capacity to lawfully transfer the property

3.6 Basic Physical Inspection (Optional)

Upon request, we can perform a basic inspection of the property to:

  • Cross-check boundaries with the land deed
  • Observe general physical condition and access
  • Identify visible issues that may need further review

Special Focus

Condominium 

Buying a condominium in Thailand, especially as a foreigner, may appear simpler than purchasing land or a house but in reality, it comes with its own critical legal checkpoints. Without proper due diligence, you may encounter issues that can delay transfer, restrict ownership, or result in hidden liabilities after the sale.

At KTP Legal Advisory, we provide specialized due diligence for condominium units, ensuring you know exactly what you’re buying and what obligations come with it.

Key Due Diligence Items for Condominiums:

Foreign Quota Check

For foreign buyers, the building must not exceed the 49% foreign ownership limit (under the Condominium Act). We check with the Land Office to ensure the unit you’re buying qualifies for foreign freehold ownership.

Title Deed & Unit Boundaries

We verify that the title deed (Chanote or Or Chor 2 for condominiums) is:

  • Legally issued and correctly registered
  • Free from any encumbrance or legal claim
  • Matching the actual unit layout and size

Developer’s Registration & Juristic Person

We check that the condominium is:

  • Officially registered under the Condominium Act.
  • Managed by a valid juristic person with financial transparency
  • In compliance with regulations regarding common areas, sinking funds, and maintenance fees

Review of Co-Owner Rules and Restrictions

We obtain and review the condominium’s internal regulations, including:

  • Restrictions on renovations, leasing, and subleasing
  • Pet policies, common area usage, and noise rules
  • Voting rights and special assessments for future maintenance

Pending Charges & Maintenance Fees

We confirm whether the current owner has:

  • Any outstanding common area fees
  • Pending legal disputes with the juristic person
  • Transfer restrictions imposed due to unpaid charges

Developer Reputation & Project Health (for New Builds)

If buying off-plan or recently completed units, we assess:

  • Developer’s financial standing and legal history
  • Completion status and project registration
  • History of delivery delays, quality issues, or buyer disputes

With our condo-specific due diligence, you’ll gain full clarity about:

  • What you can legally own
  • What ongoing responsibilities you’ll have
  • Whether the project is financially healthy and properly managed

Let us help you secure a unit that offers legal security, financial clarity, and long-term value.

Condominium Due Diligence

Step-by-Step Process

Due Diligence Investigation

At KTP Legal Advisory, we believe that no property deal should proceed without a full understanding of the legal, financial, and physical status of the asset. Our due diligence process is thorough, systematic, and customized for each transaction whether you’re buying a condominium, a house, or vacant land.

We break the process into six key stages, ensuring that you receive all critical information before signing any agreement or paying a deposit.

Step 1: Collection of Documents from Seller or Developer

We begin by requesting and reviewing the following essential documents:

  • Title deed (Chanote or Nor Sor 3 Gor)
  • Building permits and house registration (if applicable)
  • Seller’s Thai ID or corporate affidavit with shareholder list and authorized director(s)
  • Draft sale and purchase or reservation agreement
  • Layout plans, project brochures (for condos or off-plan properties)

Our team assesses these documents for completeness, consistency, and red flags.

Step 2: Land Office Due Diligence

Our attorneys conduct a physical search at the Land Department to:

  • Confirm the legality and authenticity of the land title deed
  • Verify the name of the current registered owner
  • Check for any mortgages, leases, transfers, court orders, or legal encumbrances
  • Examine the land type, ensuring it is eligible for transfer and legally usable

We also confirm foreign ownership quotas for condominiums and cross-check property boundaries where applicable.

Step 3: Construction Permit and Land Use Verification

We coordinate with the Municipal Organization Office to:

  • Confirm whether any building or villa on the land has a valid Construction Permit
  • Check that the structure complies with approved plans and local building regulations
  • Ensure the building is eligible for registration and legal ownership transfer

This is especially important for villas and houses, where unlicensed construction may prevent ownership transfer or registration.

Step 4: Legal & Financial Background Checks

This phase includes a detailed check across multiple government and judicial databases:

A. Court Case Search: We verify if the property or seller is involved in any civil, criminal, or administrative lawsuits, including land disputes, fraud claims, or injunctions.
B. Bankruptcy Check: We confirm whether the seller (individual or company) is under bankruptcy or rehabilitation proceedings, which would prevent valid property transfer.
C. Tax Liability Review: We conduct due diligence at the District Office to confirm there are no outstanding property taxes, land and building taxes, or unpaid obligations that could block registration or trigger penalties after purchase.

Step 5: Basic Site Visit 

Although not always mandatory, we offer an optional basic on-site inspection to:

  • Observe the physical condition of the land or building
  • Match the location and size against the title deed and plan
  • Check for public road access, utility connections, or encroachments
  • Identify any visible issues such as unpermitted structures or shared access problems

Note: This inspection is visual and does not replace technical or engineering surveys.

Step 6: Legal Report with Findings and Opinion

After completing all investigations, we deliver a bilingual Due Diligence Report that includes:

  • A summary of verified information
  • Identified legal risks, irregularities, or missing elements
  • Our professional legal opinion: whether it is safe to proceed, or what conditions should be met
  • Recommendations for negotiation, documentation correction, or transaction structure

We explain the results to you clearly in plain language with legal accuracy so you can make an informed decision.

Add-On Legal Services Available After Due Diligence

If you decide to move forward, we offer full legal support to complete your transaction:

  • Drafting or reviewing the Sale and Purchase Agreement
  • Assisting in price negotiation or resolving due diligence issues with the seller
  • Coordinating escrow arrangements for secure payment
  • Preparing and representing you at the Land Office for ownership transfer
  • Providing legal translations, certifications, and notarizations

Let KTP Legal Advisory be your legal shield. With our due diligence process, you gain clarity, confidence, and control before making any payment or signing any deal.

Process of Due Diligence Investigation

How KTP Legal Advisory

Adds Value

At KTP Legal Advisory, we do more than just check documents we provide strategic legal protection at every stage of your property transaction. Whether you are a foreign investor, expatriate, or Thai national, we act as your dedicated legal partner, ensuring your purchase is secure, compliant, and risk-free.

Here’s how we deliver unmatched value in every due diligence engagement:

Deep Local Knowledge with International Standards

Our legal team combines local expertise in Thai property law with an understanding of foreign clients’ expectations. We explain complex legal concepts in clear, actionable terms, with bilingual service (Thai-English) for full transparency.

Direct Coordination with Authorities and Courts

We don’t rely on assumptions or second-hand information. Our lawyers work directly with Land Offices, Municipal Offices, and District Authorities to verify land titles, building permits, and tax obligations.

In addition, we access official litigation records from the Civil and Commercial Court, Criminal Court, and Bankruptcy Court to investigate:

  • Ongoing or past lawsuits involving the property
  • Legal actions against the seller or developer
  • Bankruptcy filings, asset freezes, or court injunctions

This ensures your due diligence is accurate, current, and legally verified by primary sources not just word of mouth or unofficial documents.

Comprehensive, Case-Specific Investigations

We tailor our service to match the property type condominium, land, house, villa or other real estates and its legal context. Whether you’re buying from a private individual or a developer, we adapt our due diligence to suit your risk level and objectives.

Fraud & Risk Protection

We help you avoid:

  • Fake sellers or agents
  • Encumbered or frozen assets
  • Unregistered construction or unapproved land use
  • Misleading investment offers (e.g., fake rental return guarantees)

Our goal is to catch problems before they catch you.

Actionable Legal Opinion & Negotiation Support

We don’t just report problems we help solve them. Our reports include:

  • Clear go/no-go recommendations
  • Negotiation points with the seller or developer
  • Suggested conditions to include in the final contract

You’ll always know what’s at stake and what steps to take.

One-Stop Property Legal Services

If you choose to move forward, we provide everything you need:

  • Drafting and reviewing your purchase agreement
  • Handling ownership transfer at the Land Office
  • Arranging escrow services or structured payments
  • Providing legal translation and notarization where needed

You won’t need to coordinate multiple firms or advisors we cover it all in one place.

Trusted by Foreign and Thai Clients Alike

Over the years, we’ve assisted clients from around the world UK, USA, Canada, Australia, Russia, Italy, UAE, Germany, Singapore, China, Hong Kong, and beyond. Whether you’re investing in your first Thai condo or managing a luxury portfolio, we treat every case with precision, discretion, and commitment.

Protect risk before property investment

Your investment deserves more than guesswork. It deserves legal clarity.
Partner with KTP Legal Advisory and make your property purchase in Thailand secure from day one.

Additional

Legal Support Services

At KTP Legal Advisory, our commitment doesn’t end with due diligence. Once the legal review is complete, we provide a full suite of legal services to help you complete the transaction smoothly, securely, and in full compliance with Thai law.

Whether you’re ready to move forward with the purchase or still negotiating, we offer the following end-to-end support:

1. Sale and Purchase Agreement Drafting & Review

We draft or review your Sale and Purchase Agreement (SPA) to ensure:

  • All legal terms protect your interests
  • Clear obligations and timelines for both parties
  • Proper penalty clauses, warranties, and transfer conditions
  • Compliance with Thai law and bilingual accuracy (Thai-English)

If the developer or seller provides a contract, we conduct a full legal audit before you sign.

2. Contract Negotiation and Seller Coordination

We assist in communicating with the seller, agent, or developer to:

  • Resolve any red flags identified during due diligence
  • Clarify unclear provisions or amend critical clauses
  • Negotiate price adjustments or hold conditions until obligations are fulfilled

3. Land Office Representation and Transfer of Ownership

We prepare all documentation and represent you at the Land Office, handling:

  • Ownership transfer procedures
  • Calculation and explanation of government transfer fees, stamp duty, withholding tax, and specific business tax
  • Coordination with all parties to ensure a successful registration

We also help foreign buyers gather required documents for the transfer such as foreign currency confirmation letters (FET forms) with competent Bank.

4. Legal Translation, Notarization, and Certification

If your documents need to be used abroad or require cross-border compliance, we offer:

  • Certified Thai-English translations
  • Notarial services by licensed Thai attorneys

With these integrated services, you’ll never have to manage multiple firms or worry about paperwork, coordination, or compliance. We handle it all start to finish.

Trusted Property Due Diligence

SUMMARY

Buying property in Thailand is a major investment whether it’s a vacation home, a rental condo, or long-term land ownership. But without professional legal due diligence, that dream property could turn into a costly mistake.

At KTP Legal Advisory, we help you invest with confidence.

Our comprehensive due diligence services are designed to uncover every detail that matters from title deed authenticity and court disputes to developer credibility and contract risks. Whether you’re a first-time buyer or seasoned investor, we provide the legal clarity you need before you sign or pay.

We go beyond just checking documents, we guide you through the entire journey with:

  • Direct coordination with authorities and courts
  • Tailored investigations for condos, land, and villas
  • Bilingual legal reports and actionable advice
  • Ongoing legal support for contract, payment, and registration

Your Legal Partner from Start to Finish

If you’re considering buying property in Thailand, let us be your legal eyes, ears, and shield. From your first inquiry to the final registration, we protect your interests at every step.

📩 Contact Us Today

Get in touch with KTP Legal Advisory for a consultation or to request a property due diligence service.
📞 Call us | ✉️ Email us | 🌐 Fill out our online form
Secure your property investment before it’s too late.

Trusted Property Due Diligence