The rules you follow every day in Thailand

Thailand has no agents’ law with a list of duties, so the rules you follow every day come from several places: your contract with the owner, the Condominium Act, the bank paperwork for foreign money, anti-money laundering duties and, since October 2026, a national push against nominee ownership. Most problems come from a fee nobody wrote down, a promise the law does not support, or money that arrived the wrong way. This lesson turns the rules into habits.

1. Agree the commission, in writing

There is no legal default rate in Thailand. FazWaz puts the usual sales commission at 3% to 5% of the price, paid by the seller and built into the asking price. Because nothing in the law fills the gap, your written agreement with the owner is your only protection. It should state:

• The property and the deal (sale or rental).
• The commission, as a percentage or a sum, and who pays.
• When it is due: at the sale agreement, or at the transfer at the Department of Lands.
• Whether the mandate is exclusive, and for how long.
• How a deal shared with another agency is split.

Know your role. If you are a foreigner, you do not sign up owners, show units or negotiate (lesson 2). The agreement is signed by the agency and handled by Thai colleagues. Your permit’s job description must match your real work (Thaiger).

2. Advertise only what the law allows

Most complaints in Thai property start with a promise. These are the ones to never make:

• “99-year leases” or “75% foreign quota”. In June 2024 the Cabinet agreed in principle to raise the foreign condo quota to 75% and extend leases to 99 years, but the then Interior Minister said the draft was not ready (The Nation, June 2024). As of June 2026, neither had become law (Bektu). Say it this way: the 49% quota and the 30-year lease limit still apply.
• “30+30+30” as a guarantee. These structures are widely marketed (Pattaya Mail, February 2026), but the renewals are only contractual promises. Bektu explains that courts generally enforce only the first registered 30-year term. You can describe an option to renew. Never sell it as 90 years.
• “Freehold” without checking the quota. Foreign freehold condo ownership is capped at 49% of a building’s saleable floor area. Above that, a foreigner can only take a lease. Check that the building still has foreign quota room before you advertise a unit as foreign freehold.
• “Escrow-protected” when it is not. Escrow under the Escrow Act B.E. 2551 (2008) is voluntary and applies only if both sides agree to use a licensed escrow agent (Thailand Law Online). Most buyers pay the developer directly.
• Land in a foreigner’s name. Foreigners cannot own land. Never advertise land or a house with land as something a foreign buyer can own directly.

3. Know the standard condo contract

Section 6/2 of the Condominium Act, added in 2008, requires a condo sale contract with a developer to follow the Ministry of Interior standard form (Siam Legal). Terms that do not conform are invalid, and section 63 sets a fine of 100,000 baht. The key protections for a buyer:

• The developer must state a transfer date and give 30 days’ notice.
• Construction may not stop for more than one year.
• Defect liability of 5 years for the structure and 2 years for other parts.
• The buyer may assign the contract to someone else without a fee.
• A late delivery penalty of at least 0.01% a day, capped at 10%.

When a buyer shows you a contract that strays from these terms, send them to a lawyer before they sign.

4. Get the foreign money right: the FET form

A foreign buyer who wants a freehold condo in their own name must show the money came from abroad. Storm Real Estate Phuket (September 2026) explains:

• The Foreign Exchange Transaction form (FET) is issued by the Thai bank that receives the money.
• It is typically required for transfers of USD 50,000 or more.
• The funds must be wired from abroad, in foreign currency, before the transfer.

The Department of Lands uses the form when registering the unit in the foreigner’s name. Tell buyers on day one. Money brought in the wrong way is the classic reason a foreign transfer is delayed.

5. Know your client and the source of funds

Themis Partner lists anti-money laundering duties among the rules that apply to agencies. Ask your agency for its written procedure, and follow it on every file. As daily practice:

1. Identify every buyer and seller, and the real owner behind any company.
2. Understand the money: where it comes from and how it will arrive.
3. Take fees only by bank transfer into the company account, against an invoice.
4. Keep records of every check you made.

The 2026 nominee crackdown raises the stakes. The national campaign launched on 19 October 2026 adds extra checks on purchases above 2 million baht or with an assessed value above 5 million baht, and Thai spouses of foreigners must prove their source of funds (Thai Examiner, October 2026). Leto also reports a Department of Lands circular of 15 May 2026 on verifying ultimate beneficiaries. Expect questions at the land office and prepare clients for them.

Never suggest a nominee structure, a Thai “friend” on the title or a company with paper Thai shareholders to get round the land ban. You put your client’s money and your own career at risk.

What gets people into trouble

Practice	Risk
A foreigner showing units or negotiating	Fine, deportation and an entry ban for the worker, a fine for the employer (lesson 2)
No written commission agreement	No legal default to fall back on, and a dispute over who pays
Selling a 99-year lease or a 75% quota	Promising rights that do not exist in law
Selling 30+30+30 as guaranteed	Only the first registered 30 years is generally enforced
Money sent without an FET or in baht	A freehold transfer that cannot be registered in the foreigner’s name
Suggesting a nominee	Investigation and possible loss of the land under the 2026 crackdown

Your daily habits

• No listing without a written commission agreement.
• No advert that promises more than the 49% quota and the 30-year lease allow.
• No reservation without ID and a clear source of funds.
• Every foreign buyer told about the FET before they send any money.
• No cash, and no nominees, ever.

These rules change, so check the official source before you act. Practise them in client skills.

This lesson is general information, not legal advice. CloserPass is not affiliated with any government body in Thailand.