Property Law Specialists in Phuket, Thailand
Property Law Specialists in Phuket, Thailand
Property Law Specialists in Phuket, Thailand
Property Law Specialists in Phuket, Thailand

Property Conveyances

Real Estate Law, Due Diligence, Contracts and Registrations

Land Title

When buying a property in Thailand, it is essential to be correctly informed of the legal aspects of real estate ownership under Thai Law, as well as the commonly accepted practices and requirements involved. Our long-standing experience in this field allows us to guide you step-by-step throughout the acquisition process, ensuring a successful and legally safe outcome for every transaction.

Our services pertaining to Property Law include:

  • Due diligence:

    The very first step of our legal process in property acquisition is to thoroughly investigate and verify the official documentation pertaining to the property. We retrieve the up-to-date registered records from the local office of the Land Department, in order to confirm and validate who is the current true owner, uncover any encumbrances or liens such as mortgages or servitudes, and also to ensure the property has proper right of access to the public roads. In addition we may also investigate the source documents of the land title, and advise of its zoning laws compliance requirements. Once the property's official documentation has been verified, and compliance under Thai Law has been ensured, it is then safe to proceed with the acquisition.

  • Contracts:

    The sale and purchase contract is the cornerstone of any real estate transaction, as not only it defines the conditions agreed between the parties, but it will also greatly affect the outcome of the transaction in case of breach of contract. A good contract prevents any possible misunderstandings or abuse by any of the parties, thus ensuring from the start a safe and successful property conveyance. We will advise you on any incorrect or unclear terms, any potential points of dispute to clarify, and whether the conditions offered are according to the commonly accepted practices.

  • Registrations:

    The conclusion of the property acquisition is made by official registration of ownership transfer at the relevant government offices. As the official registration documents are held as the evidence of ownership and title, it is therefore crucial that this process is handled professionally and with utmost care. By giving us official power of attorney to complete the registration on your behalf, we ensure that the requirements of the governement officials are met in order to complete the registration process timely and accurately. Upon successful registration we also proceed to safe exchange of payment between buyer and seller, and provide translations of all Thai official documents in English language. A successfully and professionally executed registration will bring you peace of mind throughout your property ownership period, and ensure a smooth resale later in time.

If you already own property in Thailand and have doubts over your existing legal ownership structure, or are preparing for a resale, we can also assist you. Our service includes reviewing your property ownership documents to ensure that they are legally correct and suitable for resale. We also offer consulting on any property law related matters.

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Wills and Estates

Laws of Succession, Estate Planning, Inheritance Claims

Testament

Uncertainty being the only certainty there is, one must always stand prepared for any contigency. Against the most unfortunate contigency, the best way to be prepared is by having a legally binding Last Will and Testament. This legal document protects the rights of your designated heirs, ensuring that the Thai Courts will appoint your designated Legal Executor to be allowed to receive or distribute your property according to your instructions. Likewise, upon the passing away of a loved one, it is the heirs' right to proceed to the distribution of the estate among the lawful recipients, and an order from the Thai Courts is required before such rights are recognized.

Our services pertaining to Laws of Succession include:

  • Testaments:

    While there are a total of 5 legal forms of making a Last Will and Testament under Thai Law to choose from, we recommend the preparation of a "Sealed Will" entrusted to the local government office, as it is the most undisputable form, and therefore will not allow any doubt about its validity. It is vital to draft this document professionally in order to ensure its validity under the Thai Laws of Succession. We prepare this document for you in total privacy, we witness your true signature on the document, and accompany you to entrust the Sealed Will at the local government office. Alternatively, we may also prepare the common form of Last Will and Testament according to your requirement.

  • Inheritances:

    Upon death, the estate of the deceased devolves on the heirs. However, before the heirs' rights are recognized in Thailand, a Court Order must first be obtained from the Thai Courts. We review the legal aspects of your situation together with all relevant documents, and file the court claim for you to be appointed the estate's Legal Executor. This process requires the claimant of the estate to appear before the Judge in a court session in order to verify the claimant's relation to the deceased. For this we provide interpreters in several languages to translate for you during the court session.

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Business Transactions

Commercial Law, Partnership Contracts, Employment Law and Dispute Resolution

Contract

Thailand abounds in business opportunities, and while some commercial risk is generally acceptable, legal risk should not. Fortunately legal risk can be entirely controlled with proper consulting and due process along with your business operations. From entering into a partnership and incorporating a limited liability company to preparing employment and business contracts and resolving business or labor disputes, we offer you our assistance in all Commercial Law matters.

Our services pertaining to Commercial Law and Partnerships include:

  • Contracts:

    Contracts are the most essential part of any business transaction. Our contracts are in Thai and English languages, professionally drafted with clear language and unambiguous interpretation. We ensure that the terms agreed are legally enforceable under Thai Law and advise you on the legal effects proposed clauses taking into account the commonly accepted local practices. We can provide you with Partnership Contracts, Commercial Lease Contracts, Franchise Contracts, Loan Contracts, Employment Contracts among many others.

  • Incorporations:

    The registration of a limited liability company under Thai Law is a requirement for most business operations. We can prepare and and file the application to incorporate a Thai Company according to your requirement on your behalf. We can also assist with the registration of any required changes to the Directors and Shareholders Registries.

  • Labour Law:

    Whether as the employer or the employee, knowledge of the legal implications of any employement issue is vital in order to make the right decisions. We provide consultation and assistance in any proceedings at the Labour Protection Offices or the Labour Courts of Thailand.

  • Litigation:

    When a breach of contract or a dispute arises, a timely resolution will limit the damages caused. After studying your case, we will send a legal notice to the breaching party, and proceed to litigation, mediation or arbitration, depending on the circumstances, until the dispute is resolved.

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Notary Public

Notarial Services, Certifications, Power of Attorney and Legal Translations

Notary Seal

Notarial Services in Thailand are provided by Notarial Services Attorneys under the Lawyers Act B.E.2528 and overseen by the Lawyers Council of Thailand. Such services are required for any documents signed or made in Thailand for use in another country's jurisdiction. The Notarial Services Attorney will verify the relevant supporting documents as well as the identity of the signatory, before affixing the Notary Public seal and signature.

Our Notarial Services include:

  • Certifications:

    We provide Notarial Certifications of signatures ("Signed before me"), copies of documents ("True copy"), affidavits, oaths and affirmations.

  • Power of Attorneys:

    We can draft or review a power of attorney, appointing someone else to act on your behalf, and notarize it in case it must be used abroad.

  • Legal Translations:

    We can translate legal documents from Thai to English which can be certified by a Notary Public for use in another country.

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Send Us an Inquiry

Contact Us

We look forward to hearing from you.

ADAP Legal Co., Ltd.
Reg. № 0835564013606
59/281 M.4, T.Kathu, A.Kathu, Phuket 83120, Thailand