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Buying a property in Thailand is more than just an investment; for many, it is the gateway to a dream lifestyle. Whether you are looking at a luxury villa in Koh Samui or a high-rise condo in Bangkok, the excitement can be overwhelming.
However, in the rush to secure a unit—especially with the buzz around the New Thailand Investment Visa opportunities—foreign buyers often let their guard down when the Sales and Purchase Agreement (SPA) lands on their desk.
In Thailand, the property market is not as strictly regulated as in the West. “Standard” contracts provided by developers are often heavily weighted in the seller’s favor. Without a professional Thailand property contract review, you could be signing away your rights, your deposit, and even your eligibility for a long-term visa.
At Sukhothai Inter Law, we have reviewed thousands of contracts. Here are the top 5 critical mistakes foreigners make, and how you can avoid them.
1. Assuming “Standard” Means “Safe”
The most dangerous phrase a developer’s sales agent can say is, “Don’t worry, this is our standard contract; everyone signs it.”
In Thailand, a “standard” developer contract often protects the developer, not you.
The Mistake: Signing a contract where the penalty for you defaulting is 100% forfeiture of funds, but the penalty for the developer delaying construction is zero (or negligible).
The Fix: You need a Thailand property contract review to insert “Force Majeure” clauses and specific penalty rates if the construction is delayed or abandoned.
2. Ignoring the “Visa Eligibility” Clauses (The 3M Opportunity)
This is the biggest missed opportunity in 2026. Many foreigners are now rushing to Invest THB 3M, Stay Thailand under the new guidelines.
However, simply transferring money isn’t enough. The contract itself must be structured correctly to qualify for the Thailand Property Visa THB 3M.
The Mistake: The contract price is listed at 3 Million Baht, but the “Appraised Value” at the Land Department is lower. Or, the contract is set up as a leasehold when you needed a freehold to Buy Condo & Qualify for Visa.
The Reality: To secure a Visa Through Property Thailand, the documentation must be precise. Whether you are Any age with buying condo value 3 million or rental apartment with monthly 85,000 baht, the contract is the evidence Immigration will demand.
The Fix: Ensure your lawyer validates that the property type and contract value align with the New Thailand Investment Visa requirements before you sign.
3. Falling for the “Rental Guarantee” Trap
We see this often in tourist hotspots like Phuket and Pattaya. Developers offer a “Guaranteed 7% Return for 5 Years!” to entice buyers looking for a Property Investment Visa.
The Mistake: Buyers assume this return is bank-guaranteed. Usually, it is not. It is often just a promise from a management company that might not exist in two years.
The Fix: A legal review will dig into the “guarantor.” Is it the developer? A shell company? What happens if they stop paying? We ensure these guarantees are legally binding and enforceable.
4. Not Checking the “Foreign Quota” Ratio
If you want to own a condo in your own name (Freehold), it must be within the building’s 49% Foreign Quota.
The Mistake: Signing a contract for a “Freehold” unit when the foreign quota is already full. The developer might then try to switch you to a Leasehold contract at the last minute.
The Fix: Your lawyer must conduct due diligence at the Land Department to verify the current quota status before you transfer the deposit.
5. Overlooking Hidden Transfer Fees and Taxes
In Thailand, transfer fees and taxes are significant.
The Mistake: The contract says “All transfer fees shared 50/50.” Sounds fair? Maybe not. If specific business taxes (3.3%) or withholding taxes are involved, “50/50” could cost you thousands of dollars extra.
The Fix: A Thailand property contract review will clarify exactly who pays what. Typically, the seller should pay the taxes, and only the 2% transfer fee should be shared.
Why the “3 Million Baht” Rule Changes Everything
The landscape has shifted. With the option to Invest THB 3M & Stay Long-Term in Thailand, property is no longer just an asset; it is your ticket to residency.
This implies that your purchase contract is now an immigration document.
If you are looking for a Long-Term Stay via Investment, you cannot afford a “typo” in your title deed or a vague payment schedule.
Key Criteria for the New Path:
Investment: Minimum THB 3,000,000.
Property Type: Freehold Condominiums (preferred) or specific registered leaseholds.
Alternative: Rental apartment with monthly 85,000 baht (for specific long-stay categories).
Age Limit: Any age can qualify if the financial threshold is met.
Secure Your Investment and Your Visa
Don’t let a bad contract ruin your new life in Thailand. At Sukhothai Inter Law, we specialize in bridging the gap between Real Estate Law and Immigration Law.
We ensure your contract protects your money and secures your Thailand Visa by Investment.
Ready to start your journey?
👉 Check your eligibility for the 3M Property Visa here: Thailand Property Investor Visa Application
Client Testimonials
“Sukhothai Inter Law saved me from buying a condo that had no foreign quota left. Their contract review was thorough and fast.” – Mark D., UK
⭐⭐⭐⭐⭐ Read more reviews on Google: Sukhothai Inter Law Reviews
Contact Us for a Contract Review
Bangkok Office:
17 Chan 35, Chan Road, Sathorn, Bangkok 10120
Koh Samui Office:
119/2 Moo 1, T.Bophut, A. Koh Samui, Surathani, 84320
Pattaya Office:
33/35 Moo 11, Soi Kohpai, (Soi 6 Theprasit) T. Nongprue, A. Banglamung, Chonburi, 20150
Phone: +662 212 6866-7
Fax: +662 213 3124
Email: info@sukhothaiinterlaw.com
Whatsapp: +66846764436
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