thai contracts

  • Conditional reservation agreement (สัญญาจองแบบมีเงื่อนไข)

    The nature and essentials of a contract of sale is governed by the civil and commercial code Book III. Before entering directly into a sale and purchase agreement of land it is common to enter into a conditional reservation agreement giving the buyer the time to verify all details of the property (pre-contract due diligence) and negotiate the terms and conditions of the sale. This is a sample of a conditional reservation agreement.

    Reservation agreement

    THIS AGREEMENT is made this __ day of ___, 20__.

    Mr.(1) ___[name]___, a Thai National carrying ID Number _____[number]__ _______ the "Seller";

    ___[name]___, a _______National carrying Passport Number _______ _______, the "Purchaser"

    1.1 The Seller is the true legal owner of __ Rai and __ Ngan and __ square Wah of land located at ___. ____, title deed number ___, land number _ ("the Land").

    1.2 The Seller desires to sell the Land to the Purchasers.

    1.3 The purchase price of the Land is ___[amount]___ Baht per Rai (___[amount in writing]____).

    1.4 The payment options are as follows:

    1. [enter percentage] % deposit on the execution of the Sale and Purchase Agreement
    2. [include payment details]

    1.5 The transfer fee (2% of the registered value) associated with the transfer of the Land will be borne equally by the Seller and the Purchaser.

    NOW IT IS AGREED as follows:

    … ……… ……………… ……… ……………

    Click to download complete (th-en) document

    สัญญาจองแบบมีเงื่อนไข

    สัญญา กู้ยืมเงินฉบับนี้ ทำขึ้นเมื่อวันที่ _______ พ.ศ. 25__

    ระหว่าง

    คุณ___[ ชื่อ]___, สัญชาติไทย ซึ่งถือบัตรประชาชนเลขที่_______ _______, “ผู้ขาย” และ

    คุณ___[ ชื่อ]___, สัญชาติ _______ _______หนังสือเดินทางเลขที่ _, “ผู้จะซื้อ”

    ประวัติที่มา

    1.1 ผู้ขายเป็นผู้มีสิทธิครอบครองที่ดินตามกฎหมาย ซึ่งก็คือ _ เลขที่ _ เลขที่ดิน _ เนื้อที่ _ไร่ _ งาน __ ตารางวา ซึ่งตั้งอยู่ที่ ______(“ที่ดิน”)

    1.2 ผู้ขายประสงค์ที่จะขายที่ดินให้แก่ผู้ซื้อ

    1.3 ราคาซื้อขายที่ดินเป็นเงินจำนวน ______ (_______ _______) บาท ต่อไร่

    1.4 ทางเลือกในการชำระเงินมีดังต่อไปนี้

    1. วางเงินมัดจำร้อยละ […] ของราคาที่ดินในวันที่ทำสัญญาฉบับนี้
    2. [……………]

    1.5 ค่าธรรมเนียมการโอนกรรมสิทธิ์(ร้อยละ 2 ของราคาจดทะเบียน) , ค่าภาษีอากรและค่าดำเนินการที่เกี่ยวข้องกับการซื้อที่ดินจะต้องถูกรับผิด ชอบอย่างเท่าๆ กันระหว่างผู้ขายและผู้ซื้อ

    ข้อตกลงมีดังนี้

    … ……… ……………… ……… ……………

    Click to ดาวน์โหลด (th-en) document
  • Last Will, prenuptial, divorce, power of attorney

    Foreigners living in Thailand often require the same personal legal documents with the same content. They want to marry a Thai national and want to protect their personal assets through a prenuptial agreement. They want to divorce a Thai national and need a divorce settlement agreement. They want to leave certain assets in Thailand to a Thai national and want to make last will and testament. Or they want a power of attorney to appoint another person in Thailand to act as their agent on their behalf. Often these documents are more or less standard documents and foreigners do not need to visit a Thai lawyer in his office to obtain such documents. Samuiforsale กฏหมายไทย isn’t simple


    Last will and testament

    If you have definite ideas on how you require your estate in Thailand to be distributed when you die then you must make a last will and testament. A last will insures that your assets are given to those who you have entrusted your estate to upon your death. If you are a foreigner with assets in Thailand and you do not have a last will governing your assets in Thailand your wishes may not necessarily be carried out and international private law and statutory inheritance laws shall determine what happens to your properties in Thailand when you die.

    Foreigners with assets in Thailand are generally permitted to dispose of their Thai assets according to a 'last will and testament' made in another country. Foreigners may also choose to make a last will and testament specifically for assets in Thailand, excluding assets in other countries through a limited jurisdiction clause in the will. The execution of a last will or distribution of an estate requires a Thai court procedure and approval in which an executor/ administrator of the estate will be appointed or will be given permission to wind up the foreigner's estate in Thailand. A Thai will could dispose of properties in Thailand separately and differently from assets in other countries.

    See also


    Prenuptial agreements

    A prenuptial agreement in Thailand (before marriage) is a contract governing personal and marital property of husband and wife and is entered into by two people planning to marry. The content of a prenuptial agreement under Thai law primarily includes financial arrangements and provisions for personal assets, management of joint assets and the potential division of common assets should the couple divorce. A prenuptial agreement must be made prior to the marriage and entered into the marriage register simultaneously with the marriage at the government office (amphur) where the marriage takes place or it will be void and the civil code sections 1465 to 1493 (the statutory matrimonial property regime) will govern the terms of property of husband and wife.

    See also


    Divorce and divorce settlement agreement

    A divorce in Thailand can be quick, simple and hassle free if both parties agree to divorce and agree on the terms of the divorce. In the case the couple agree to divorce and there is no disagreement on the division of properties and matters like child custody, both parties can present themselves at a local amphur in Thailand and apply for a divorce. A divorce in Thailand on mutual consent is quick and easy. Before you turn up at the local amphur it is recommended to have a divorce settlement agreement prepared by a qualified lawyer. A divorce settlement agreement covers all important legal aspects of the divorce and arrangements between the parties.

    If husband and wife want to divorce but cannot agree on the terms of the divorce they must follow a court divorce procedure and they each must obtain the service of a lawyer who will represent them at the court. This is a more costy and time consuming procedure to divorce and requires several court appearances. In a contested divorce the court will end the marriage and among others divide the couples assets and debts according to the law and individual circumstances.

    See also


    Power of attorney

    A power of attorney lets you appoint someone you trust to manage important matters on your behalf. A power of attorney is used to hand over control of your affairs to another person. The 'principal' empowers another individual 'attorney-in-fact' to act on his behalf. The attorney in fact takes control of the principal’s business and legal dealings subject to the power of attorney. A power of attorney in Thailand can be used for short-term specific transactions which the principal cannot handle himself, or can continue in the event that the principal becomes incapacitated or mentally ill. Government bodies in Thailand often require their own specific standard power of attorney (in Thai script) when someone is acting on behalf of another person in official procedures.

    See also


    sample of downloadable personal and private documents
  • Thai English contracts in thailand

    Thai contracts, almost everything can be done using Internet at costs lower than any traditional law office in Thailand.


    Contract downloads:

    All template contracts are modern lawyer drafted contracts used in Thailand and priced according to the complexity of the contract. Our template documents are not one time drafted documents but developed over a number of years and compared with the contents of similar agreements drafted by other law firms in Thailand. Our contracts are regularly modified and registered with the government authorities in Thailand.


    Popular contracts for foreigners

    * Real property rights relating to and attached to land or immovable property in Thailand in general:


    1. Right of Usufruct in Thailand

      a real right attached to an immovable property by which the owner grants another person the temporary possession, use and enjoyment of his real property (the 'usus'). The usufructuary obtains the right to use and derive profit from the property (the 'fructus'). Usufruct in Thailand is governed by the civil code sections 1417 - 1428, read more...
    2. Right of superfcies in Thailand

      a registered land right attached to land by which a person obtains a temporary right to own buildings, structures or plantations upon land belonging to another person. Strong supporting right in a real estate investment in Thailand where a house is built upon leased land (governed by the civil code section 1410 to 1416), read more...
    3. Right of habitation in Thailand

      a real property right attached to a residential home by which the owner grants to some else the right to occupy as a place of dwelling, without paying rent (governed by the civil code sections 1402 - 1409), read more...
    4. Right of servitudes in Thailand

      a real burden attached to an immovable property by which the owner of one property is bound to tolerate certain acts affecting his property for the benefit of another immovable property, or to refrain from exercising certain rights inherent in his ownership (governed by the civil code sections 1387 - 1401), read more...

    ** Contracts and documents relating to family and marriage law


    1. Thailand last will and testament

      the legal declaration by which a person names one or more persons to manage his or her estate and provides for the transfer of his property at death (governed by the civil code sections 1599 - 1755), read more...
    2. Thailand prenuptial agreement

      the written agreement between a man and a woman who are about to marry governing their personal assets and management of future marital property (prenuptial is governed by the civil code sections 1465 - 1493) read more...
    3. Thailand divorce agreement

      the written agreement to terminate a marriage between husband and wife made (divorce agreement) certified by at least two witnesses and is valid only upon mutual request and registration of the agreement in the marriage regsiter (divorce is governed by the civil code sections 1501 - 1535), read more...
    4. Thailand Power of attorney

      the legal document by which one person appoints another person to act as an agent on his or her behalf (agency is governed by the civil code sections 797 - 844) read more...

    *** Thai contracts for real estate


    1. Lease agreement in Thailand

      the agreement whereby the owner agrees to let another person have the use or occupation of his property during a specified period in exchange for a specified rent (lease in governed by the civil code sections 537 - 574) read more...
    2. Construction agreement in Thailand

      the agreement which specifies the details of a construction, alteration, or repair of buildings or structures (governed by the civil code sections 587 - 607) read more...

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    Personalized and customized Thai-English contracts

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    • Step 1: We ask a few simple questions that are intended to cover the issues typically canvassed in the first 30 minutes of an initial, in-office consultation
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