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Property Law

How Important is Contract Review in Thailand

Feb 2, 2023 by Legal Advisors 0 Comments ,

How Important is Contract Review in Thailand

A good contract can ensure that your sale transaction goes through smoothly, but it’s not without its share of legal complications. While market forces, unequal bargaining positions, and fraud often get in the way of a fair agreement, there are some steps you can take to protect yourself from these risks. One of those steps is to get a lawyer to review your property purchase contract before you sign it.

This can help you avoid costly legal battles and keep your finances and peace of mind intact. This is especially true for foreign buyers, who don’t have the same familiarity with Thai laws as locals do. A lawyer will be able to review your contract and make sure that it adheres to all of the legal requirements in Thailand.

The benefits of a lawyer’s review include:

1. A contract review will ensure that your rights are protected.
This is important because Thai property laws are strict and can result in unfavorable legal consequences if you don’t follow them. A lawyer will check that your contract complies with these requirements and can also recommend any changes that need to be made.

2. A lawyer’s review will allow you to understand the fine print of the contract and identify any issues that may lead to litigation.

A lawyer will read the contract line-by-line and will highlight areas that aren’t clear. He or she will then be able to revise the document accordingly, improving your chances of a successful purchase.

3. A lawyer’s review will save you time and money

When it comes to buying property in Thailand, it is vital to have a lawyer review your contract. This will ensure that you are getting a fair deal and that you don’t end up with anything less than you deserve.

4. A lawyer’s review will help you get the best deal

A reputable lawyer will be able to ensure that you get a good deal when it comes to purchasing property in Thailand. He or she will be able to identify any issues with your contract and can recommend changes that will help you get a better price for the property.

5. A lawyer’s review will help you stay in Thailand safely and securely

It’s vital to have a lawyer review your sale and purchase contract if you’re planning on staying in Thailand for a long period of time. This will ensure that you don’t lose your property or have to leave the country in an unsafe manner.

6. A lawyer’s review will prevent you from losing your investment

The language of the Thai Civil and Commercial Code is complex and there are time limits for breaching contracts ranging from 30 days to 30 years. A lawyer can ensure that your contract is clear and enforceable in Thai courts so that you don’t have to worry about losing your investment or being in danger of being caught in a fraudulent sales transaction.

Civil Law

Thailand Retirement Visa

Feb 2, 2023 by Legal Advisors 0 Comments ,

The Thailand Retirement Visa allows expatriates who are over 50 years old to live in Thailand for a period of one year. This visa can be renewed each year for another year as long as the applicant continues to meet all of the financial requirements.

Getting a Thai Retirement Visa is simple and fast.

First, you need to qualify for a non-immigrant O type of visa that is valid for up to six months. This visa is available to residents of several countries, including the United States and Australia.

This type of visa has a lot of restrictions and requirements, but the good news is that they are easy to meet.

To get a Thai retirement visa, you will need to prove that you have an income and bank account in Thailand. This can be done through a statement that shows that you have had a balance of at least 800,000 Thai baht for at least 2 months before applying. You will also need to provide proof that you have enough funds to cover your living expenses in Thailand.

You can apply for the retirement visa in your home country or in Thailand. The application process is easy and quick, but you may need to make an appointment to submit the application in person.

The application can be submitted to a Thai Embassy or Consulate in your home country, or you can apply online or by mail. The process will take about 3 weeks to complete and it is important that you submit the proper documents and pay the required fees.

In the event that you are applying for a visa outside of your home country, you will need to present copies of all the documentation listed above. This includes a copy of your passport, two photos, proof of insurance, and a medical report.

Your application will also need to show that you have a Thai bank account, which has been open for at least 12 months prior to the application. This bank account must be in your name and have a balance of at least 800,000 baht.

Once you have the correct documents, you should submit them to a Thailand Embassy or Consulate in your home country. They will then issue you a visa.

During the course of your stay, you will be required to report to a Thai Immigration office every 90 days to complete a report that confirms where you are living in Thailand. This is a relatively straightforward process, but some people prefer to have someone else complete it for them.

When you do so, the official at the Immigration office will check that you have met the requirements for the retirement visa and then issue you a re-entry permit if you need to leave Thailand. This re-entry permit will allow you to travel freely around the country, but you must report to the Immigration office in Bangkok when you return to Thailand.

The best way to avoid the hassle of submitting these reports on your own is to hire an agent such as ourselves to do it for you. We can ensure that the whole process runs smoothly and quickly so that you can start enjoying all of the benefits of retiring in Thailand.

Property Law

Importance of Due Diligence in Thailand

Feb 2, 2023 by Legal Advisors 0 Comments , ,

Due diligence is a legal procedure that is used to ensure that everything involved in a business deal is above board and will not cause any problems with the transaction. This includes performing a property inspection and conducting a title deed search before making any purchases.

This is a vital step in any investment, especially when it involves real estate in Thailand. You can save yourself from a lot of headaches and expenses by ensuring that you do your due diligence correctly.

In order to perform a due diligence, you need to find an attorney who is well-versed in the legal aspects of buying and selling properties. These attorneys will be able to verify the property’s legal status and check if there are any legal encumbrances or rights attached to it.

You will also need to ensure that the land has not been encumbered by any of the following: Mortgages, lease agreements, or loans. This is because these can lead to legal problems in the future.

It is also a good idea to check the property’s zoning laws. This can prevent you from purchasing an unsuitable property or paying for a plot of land that is not allowed to be developed.

During the due diligence process, you will also need to make sure that the developer of the property is trustworthy. You will need to ensure that they have passed all of their environmental impact studies and zoning regulations. This will also protect you from any potential lawsuits in the future.

The property can also be inspected to check for drainage problems, road access, and disturbances in the environment. It is also a good idea to ask about the phone and sewage systems so that you can make sure they are functioning properly.

You will need to know that there is no land ownership that has not been registered by the local land office, which means that this can be adjusted or nullified at any time. This is why it is essential to have the title deed of the property inspected to ensure that it has been registered correctly.

Bangkok Law

Types of Divorce in Thailand

Feb 2, 2023 by Legal Advisors 0 Comments , ,

When the time comes to divorce a couple in Thailand there are many options available. These vary according to the type of marriage and whether or not there is any disagreement between the two parties involved.

Uncontested Divorce

If the two parties agree to end their marriage and have no disagreements over such issues as children or property then they can apply for an administrative divorce. This is called an ‘uncontested’ divorce and it is much quicker and easier to obtain than a contested divorce which requires court procedures.

The procedure for getting an administrative divorce is easy, simply go to the Registrar office at your local District Office (called “Khet” or “Amphur”) and fill out the form. Upon submission of the documents to the Registrar your divorce will be registered and a divorce certificate will be issued.

You can also get an administrative divorce at any Thai Embassy or Consulate. These offices are usually open during business hours and a representative of the consulate can assist you with the paperwork, however it is best to consult with a lawyer in advance as the process can be long and complicated.

Contested Divorce

A contested divorce is when one or both spouses do not agree to the dissolution of the marriage and instead want to sue the other party in order to dissolve the marriage based on one of the grounds listed under the Thai Civil and Commercial Code. These grounds include committing adultery, deserting the other spouse for more than one year or failing to provide maintenance.

When a divorce is contested the couple must file a petition with the Thai Family Court and there are also court fees to be paid in addition to any claims on marital property that are made. These court fees are computed at 2% of the total amount of the claim and a fee for the delivery of the summons to the respondent is also charged.

The filing of a divorce petition in the Thai Family Court can be a lengthy and costly affair. You should therefore consult with a Thai Family Law attorney as soon as you have decided to file for a divorce.

In common with many countries, property acquired during the course of a marriage is divided equally on divorce. In addition, property held prior to the marriage is not considered part of the community property regime and remains in the names of the spouses who originally owned it.

It is also worth noting that debts incurred during the marriage are in general the responsibility of both spouses.

Once the divorce has been finalized, alimony can be awarded. This may be awarded in the form of a settlement agreement between the divorcing parties or as a judgement from a court. It is important to note that alimony can be terminated if the receiving spouse becomes a victim of domestic abuse or commits an act of aggravated domestic violence against the recipient spouse.

Family Law

Thailand Marriage Registration

Feb 2, 2023 by Legal Advisors 0 Comments , , ,

When two people decide to get married, they need to register the marriage as legally binding in Thailand. This is done at a local district office (called an amphur in Thailand).

To be able to register your marriage, you will need to submit some documents to the amphur and show them along with two witnesses. Once you have this, the registrar will issue you a marriage certificate in Thai which can then be translated into English and/or your own language.

If you are a foreign national, you will need to obtain an affirmation from your embassy. This is an affidavit that confirms that you are legally free to marry. It must then be translated into Thai by an approved Foreign Ministry translator and certified.

You will then need to take this document to your nearest Amphur or Khet. They will be able to tell you whether or not they are able to register your marriage as a Foreigner and what is required of you. They will also inform you of how long the process will take and the best time to go.

The Amphur or Khet will ask you to bring your passport with you. This will then be checked and they will then contact the embassy and the ministry of foreign affairs to ensure that all the paperwork is correct. Then they will contact you back with a date for the registration.

It should take a couple of days at most for the registration to be completed. This does not include the time it takes to obtain the embassy papers and translations etc.

Once the embassy has done their checks they will call you back and tell you that it is ready to be registered at the Amphur or Khet. This will then take another day or so for the Amphur to be able to complete the marriage registration.

In most cases you will be asked to fill out an application form and provide a photocopy of your passport and an authenticated affirmation. You will then need to provide 2 witnesses and have the documents translated into Thai by an approved translation service.

A lot of the embassies are very strict on this and they will not accept your application unless you have all the proper documentation. In some cases they will require that the documents are sent to them by mail and then they will verify them before allowing you to marry.

This is very important to make sure that you have everything in order, because if there are any errors on the registration it could be rejected by the Amphur or Khet and this can cause a lot of problems for you.

If you have any questions about marriage registration or need help with obtaining the necessary documents, don’t hesitate to get in touch with our family lawyers. They will be able to assist you and make the process as stress-free as possible for you.

You should also consider registering your prenuptial agreement at the same time as the marriage registration. This will enable the parties to have legal proof of their rights on their assets and prevent future disputes.

Bangkok Law Firm
Bangkok Law

Bangkok Law Firm

Feb 4, 2020 by Legal Advisors 0 Comments , , , ,

Our law firm in Bangkok are highly-trained experts in their respective fields providing cost-effective solutions to individuals and businesses, always bearing in mind the objectives of our clients. With our staff of legal advisors and law experts, you are assured of only the best.

Offices are strategically located in Thailand.

Bangkok Law Office
Two Pacific Place Building,
142 Sukhumvit Road, Klongtoey,
Bangkok 10110

Phuket Law Office
Moo 5, Bangtao Place
T. Cherngtalay, A. Thalang,
Phuket 83110, Thailand

Pattaya Law Office
Moo 10 Nongprue,
Banglamung, Chonburi 20150

Chiang Mai Law Office
Curve Mall,
215/2 Chang Klan Road,
Muang, Chiang Mai 50100

Koh Samui Law Office
Moo 4, Bophut, Koh Samui,
Surat Thani, 84320

US Visa in Thailand
Bangkok Law, Civil Law

US Visa in Thailand

Sep 14, 2017 by Legal Advisors 0 Comments , , ,

Obtaining a US Visa in Bangkok is possible if you are able to locate a law firm in Bangkok who has US Immigration attorneys on staff. We at Law Firm in Thailand make at least two US Fiancee Visas each week. Asia has over the years seen an increase in applications for US visas. This mainly based on the ability for more people to travel with the advent of cheaper airline tickets and better global telecommunications.

Most couples tend to meet online or via a dating agency. This can be dangerous and we have and still do always advise clients to have a prenup drafted before getting married or becoming engaged. Some of the questions asked might not be relevant to you however you should have met your Thai fiancee before making an application for a US fiancee visa. This is part and parcel of the conditions for the US Visa. Some Americans prefer to get married in Thailand and apply for a US Spouse Visa also known as the K-3 Visa. The K-3 Visa does take a bit longer than the K-1 Visa however the problems which might arise later are far less than that with the Fiancee Visa. You need to speak to one of our immigration attorneys who will guide you to what would be considered your best options.

Some of the conditions related to the US fiancee visa is that both financial and other conditions such as having met in person. Speak to one of our immigration attorneys today either in person, on one of our US-free numbers or on live chat.

 

How to find a Law Firm in Bangkok
Bangkok Law, Civil Law

How to find a Law Firm in Bangkok

Sep 14, 2012 by Legal Advisors 0 Comments , , , ,

A Bangkok law firm is normally registered with the Thailand Bar Council. There is however another unmentioned problem that does occur in Thailand which does not occur in say locations such as Hong Kong. In Hong Kong there are laws in place to allow foreign attorneys, solicitors and barristers to practice law in Hong Kong.

Thailand however is not that open and hence as a foreigner you are not allowed to take up a position as an attorney however you are allowed to be a legal consultant without the right to appear in courts. Hong Kong is not the same as Thailand as one would judge that most if not all laws in Hong Kong are in line with the British legal system where say Thailand is not. The laws would hence not be anything close to the British legal system.

The obvious problem that this creates in Thailand is that there is very little control over legal consultants in Thailand and hence unless they are located in a main stream law firm such as Law Firm in Thailand any incorrect legal advice will have no real recourse to the Thai justice system. When looking for a law firm in Bangkok always search the forums to locate expats who will be able to give you some direction. A few things that you might not know about the Thai legal system is that the concept of ‘trusts’ or trust accounts have no legal standing. There is also no fidelity fund if your attorney runs off with your money and the justice system in Thailand tends to be very slow. Hence your money is lost and any recovery will be slow if not impossible.

Always ask questions from anyone you hire where they have worked before coming to Thailand. Many consultants are nothing more or not even at the standard of what would be considered a paralegal back in your home country – so always be aware of having to seek redress later should anything go wrong.

Thai Fiancee Visa - Bangkok Law Firm
Bangkok Law, Family Law

Thai Fiancee Visa – Bangkok Law Firm

Sep 14, 2012 by Legal Advisors 0 Comments , , , ,

Obtaining a Thai K-1 Visa does come with its own problems. Many times people consider the costs – which is small considering an appeal – and do it themselves. There are certain conditions which will prohibit a Thai K-1 Visa approval. Getting married or engaged can be a happy time in your life until something goes wrong with the Thai visa application. This can be due to many issues. These are a few examples:

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

  1. Trafficking in Drugs
  2. Having HIV/AIDS
  3. Overstaying a previous visa
  4. Practicing polygamy
  5. Advocating the overthrow of the government
  6. Submitting fraudulent documents

The most common issue in Thailand both for Americans and British citizens are the previous overstaying of a Thai visa. This I would think is the most common problem. The governments frown on this and usually do not allow another visa application. You need to speak to an immigration attorney about how to apply for a waiver with regards to this and how long it normally takes. Speak to any of our immigration attorneys with regards to appeals and waiver applications

 

Thailand Property Awards
Bangkok Law, Property Law

Thailand Property Awards

Sep 14, 2012 by Legal Advisors 0 Comments , , , , ,

Each year the property awards in Thailand gathers all the major players in the field of property developments and infrastructure development. Attending is the who’s who of the Thai property sector. Law Firm in Thailand attends each year. 2008 was what many had considered a bad year globally for the property, however, judging from the 2009 attendance lists and the number of nominations one is left to wonder where the recession is. The property awards is a good judge of what one might expect in the Thai property market for the year ahead.

In 2008, a selection of anonymous judges from around the country used a scoring system whereby the highest five scorers made the short-list. This year a team of independent judges will produce the short-lists through a consultative process and the panel will be announced publicly.

“It is a significant change this year. We’ve had feedback that people would like to know who the judges are. So this year we will announce the judging panel. We are recruiting the panel now and are being selective to ensure fair representation and no bias. The panel will cumulatively have nationwide knowledge, be both experienced on the Thai real estate industry and in general business, and a number of nationalities will be represented,”

Those short-listed in the development categories will then be contacted and visited by local judging teams in Bangkok, Eastern Seaboard, Phuket, Samui, and Hua Hin, respectively. Following the site visits, the local teams will select the winners.

Following their success in 2008 and involvement in the awards since the beginning in 2006, BDO Richfield Advisory Limited have again been engaged by the organizers to oversee the nomination, entry and judging process, and to ensure all is transparent and fair. BDO Richfield Advisory Limited and the organizers of the awards are not involved in judging the awards

 

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