Must a Thai developer hold off-plan payments in escrow?
- Yes, always, under the Condominium Act
- Yes, but only in Bangkok
- No: under the Escrow Act B.E. 2551 (2008), escrow applies only if buyer and seller agree to use a licensed escrow agent
- Only for foreign buyers
No law obliges developers to use escrow. Most buyers pay the developer directly, which is why checking the developer's track record matters.
Thailand Law Online: Buying Off-Plan Property in Thailand (2026-10) How do most off-plan buyers in Thailand pay for a new condo?
- All cash at signing
- Only at transfer
- In stages to the developer: reservation fee, contract deposit, construction instalments, balance at transfer
- Monthly rent until completion
The usual schedule starts with a reservation fee, then a deposit at contract, instalments during construction and the balance when the unit is transferred.
Thailand Law Online: Buying Off-Plan Property in Thailand (2026-10) What is a reservation agreement in a Thai off-plan sale?
- A short agreement with a small fee that holds a unit before the Sales and Purchase Agreement is signed
- The final title transfer
- A bank mortgage offer
- A rental contract
The reservation fee holds the unit until the SPA. Whether it is refundable depends on the wording, so read that clause before the client pays.
Thailand Law Online: Buying Off-Plan Property in Thailand (2026-10) Which law requires condominium sale contracts to follow an official standard form?
- The Land Code
- The Foreign Business Act
- The Escrow Act
- The Condominium Act, section 6/2, added in 2008
Section 6/2 of the Condominium Act requires condo sale contracts to follow the Ministry of Interior standard form (O.C. 22).
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) A developer's SPA contains a clause that departs from the Ministry of Interior standard form, against the buyer. What is its status?
- Valid if the buyer signed
- Invalid, and the developer risks a fine of up to 100,000 baht
- Valid for foreign buyers only
- Valid after one year
Terms that do not conform to the standard form are invalid, and section 63 sets a fine of 100,000 baht.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) Under the standard condo contract, how long is the developer liable for defects?
- 1 year for everything
- 5 years for the structure and 2 years for other parts
- 10 years for everything
- No liability after transfer
The standard form makes the developer liable for 5 years for structural defects and 2 years for other defects after transfer.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) What is the longest construction halt the standard condo contract allows?
- 3 months
- 3 years
- No limit
- 1 year
Construction may not stop for more than one year under the standard form. Longer halts give the buyer grounds to act.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) How much notice must the developer give of the transfer date under the standard condo contract?
- 30 days
- 7 days
- 90 days
- No notice is needed
The developer must state the transfer date and give 30 days' notice, which gives a foreign buyer time to wire funds and get the FET form.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) What does Krungsri Research forecast for Phuket housing in 2026?
- Launches up 50%
- No change
- Launches down 4.2% and sales down 7.3%
- Sales up 20%
After launches fell 52.6% and sales 61.1% in 2025, Krungsri expects a further small decline in 2026: launches -4.2%, sales -7.3%.
Krungsri Research: Industry Outlook 2026-2028, Housing in Phuket (2026-08) A condo priced at 5,000,000 baht is delivered 120 days late. Using the minimum late delivery penalty of 0.01% a day, what does the developer owe, in THB?
THB 5,000,000 x 0.01% = 500 baht a day. 500 x 120 = 60,000 baht. The standard form caps the penalty at 10%.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) Example figures: a 4,000,000 baht off-plan unit. The buyer pays 15% by contract (reservation included) and 15% in construction instalments. What balance is due at transfer, in THB?
THB 15% + 15% = 30%, so 1,200,000 baht is paid before completion. 4,000,000 - 1,200,000 = 2,800,000 baht at transfer. Real schedules vary by developer.
Thailand Law Online: Buying Off-Plan Property in Thailand (2026-10) A foreign buyer wants the off-plan unit registered freehold in her name. What will the Land Office need?
- A Thai ID card
- A TREBA letter
- A work permit
- A Foreign Exchange Transaction (FET) form showing the money came from abroad in foreign currency
Funds must be wired from abroad in foreign currency, and the bank issues the FET form, typically for transfers of USD 50,000 or more.
Storm Real Estate Phuket: Property Transfer Fees and Taxes in Thailand, the Complete 2026 Guide (2026-09) A developer says the foreign quota in a tower is 'almost full'. What exactly is the 49% limit measured on?
- The number of units
- The total saleable floor area of the building
- The number of floors
- The land plot
Under the Condominium Act, foreign-owned area cannot exceed 49% of the building's total saleable floor area. Ask the developer or juristic person for the current figure in writing.
Bektu: Thailand 99-Year Lease Not Law, 30-Year Limit Still Applies (2026-06) How are Pattaya developers responding to oversupply in 2026?
- Raising prices
- Discounts and flexible payment terms
- Stopping sales to foreigners
- Selling only land
Pattaya Mail reports discounts and flexible payment terms. Compare the real price per sqm and the developer's record, not only the headline offer.
Pattaya Mail: Pattaya Property Market 2026, when inventory pressure meets relocation-driven demand (2026-02) How did Phuket new launches change in 2025?
- Up 52.6%
- Unchanged
- Down 5%
- Down 52.6% to 7,205 units
Launches fell 52.6% to 7,205 units and sales fell 61.1% to 5,374, leaving 14,008 unsold units worth 193.7 billion baht.
Krungsri Research: Industry Outlook 2026-2028, Housing in Phuket (2026-08) What agency commission range does Leto cite for developer (off-plan) sales?
- 3% to 5%
- 0.5% to 1%
- 10% to 12%
- A flat 20,000 baht
Developer sales pay 3% to 5%, against 2% to 3% for resales. Developers often pay agents directly on new launches, and exclusive deals can reach 5% to 7%.
Leto: How Much Do Real Estate Agents Earn in Thailand in 2026 (2026-05) Phuket had 14,008 unsold units worth 193.7 billion baht in 2025. What is the average value per unsold unit, in million THB (two decimals)?
million THB 193,700 million / 14,008 = about 13.83 million baht per unit. That high average reflects the large share of villas in Phuket's stock.
Krungsri Research: Industry Outlook 2026-2028, Housing in Phuket (2026-08) What does the standard condo contract set as the minimum late delivery penalty and its cap?
- 0.1% a day, no cap
- 1% a month, capped at 50%
- At least 0.01% a day, capped at 10%
- No penalty, only a refund
The standard form sets a late delivery penalty of at least 0.01% a day, capped at 10%. Check that the draft SPA is not below that floor.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) An off-plan buyer wants to sell his contract before completion. The developer asks for an assignment fee. What does the standard form say?
- The buyer may assign the contract without a fee
- The buyer cannot assign
- The fee is fixed at 5%
- Only Thai buyers may assign
Under the Ministry of Interior standard form, the buyer may assign the contract and the developer may not charge for it. A clause saying otherwise does not conform.
Siam Legal: Buying Off-Plan, the Sales and Purchase Agreement (2019-11) A foreign buyer wants a unit in a tower where the foreign freehold quota is used up. What is the lawful option?
- Register it in a Thai friend's name
- Buy through a Thai company with nominee shareholders
- Wait for the 75% quota law
- Leasehold, since units above the 49% quota can only be held on lease by foreigners
Above the quota, a foreigner can only lease. Nominee routes are being targeted by the state, and the 75% proposal of 2024 never became law.
Bektu: Thailand 99-Year Lease Not Law, 30-Year Limit Still Applies (2026-06) - Dubai areas
- Rules and processes
- Money and calculations
- Off-plan
- Leasing
- Sales skills
- Selling Dubai
- Compliance
- Marketing and social media
- Client mastery
- Mindset and performance
- Market cycles and valuation
- Abu Dhabi: rules and areas
- Sharjah: rules and areas
- Ras Al Khaimah: rules and areas
- Ajman: rules and areas
- Umm Al Quwain: rules and areas
- Fujairah: rules and areas
- Saudi Arabia: rules and licence
- Saudi regions and neighbourhoods
- Saudi off-plan (Wafi)
- Where to invest in Saudi Arabia
- Saudi calculations: ROI and yields
- Saudi clients and culture
- Egypt: rules and broker registry
- Egypt areas and new cities
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- Where to invest in Egypt
- Egypt calculations: ROI and plans
- Egyptian clients and culture
- Morocco: rules and the agent profession
- Morocco cities and areas
- Morocco off-plan (VEFA)
- Where to invest in Morocco
- Morocco calculations: costs, ROI and yields
- Moroccan clients and culture
- Spain: rules and the agent profession
- Spain cities and areas
- Spain off-plan
- Where to invest in Spain
- Spain calculations: taxes, ROI and yields
- Cyprus: rules and the estate agent licence
- Cyprus cities and areas
- Cyprus off-plan
- Where to invest in Cyprus
- Cyprus calculations: taxes, ROI and yields
- International clients in Cyprus
- Thailand: rules and who can work
- Thailand cities and areas
- Thailand off-plan
- Where to invest in Thailand
- Thailand calculations: taxes, ROI and yields
- International clients in Thailand
- Portugal: rules and the AMI licence
- Portugal cities and regions
- Portugal off-plan
- Where to invest in Portugal
- Portugal calculations: taxes, ROI and yields
- International clients in Portugal
- International clients in Spain
- Bali: rules, licences and who can be a broker
- Bali areas
- Bali off-plan villas
- Where to invest in Bali
- Bali calculations: taxes, ROI and yields
- International clients in Bali
- All Emirates: who does what
- Trainee
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- Broker
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- Top producer
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