What should I check in a developer's house sale contract?

The plot and title, the house model and specification, the price and payment schedule, the completion and transfer dates, what happens if either side is late, how defects found before and after transfer are handled, who pays transfer costs, and the common fees. Compare the contract with the brochure and the model house you were shown.

Is there a time limit to claim for defects?

Yes. A claim against the seller for defects must be brought within one year of discovering the defect. Many developers also offer their own warranty periods in the contract. Report defects in writing as soon as you find them and do not let the time run while negotiating informally.

Who maintains the roads and common areas?

In a licensed housing estate, the developer is responsible for maintaining the common facilities until they are handed over, typically to a juristic person formed by the residents. Buyers should check the estate's licence, what facilities were promised, and the plan for handover, because the condition of common areas at handover becomes the residents' problem afterwards.

My spouse is Thai and I am a foreigner. Can we buy together?

A foreigner cannot own land in Thailand, so the house and land are usually registered to the Thai spouse. The land office commonly requires the foreign spouse to confirm that the money used is the Thai spouse's own funds and not joint marital property. Understand what that declaration means before signing it.

Should I inspect before transfer even if the house looks finished?

Yes. Inspection before transfer is the point of greatest leverage — defects listed then are part of what the developer must fix before or as a condition of handover. An independent inspector is worth considering for structural, roofing, drainage and electrical issues that are not visible on a walk-through.

Buying a New House in a Thai Housing Estate: The Developer Contract, Defects and the Village Juristic Person

Buying from a developer is a different deal

Buying a house in a housing estate means buying a finished product — plot, house and shared facilities — from a developer, on the developer's contract. It is a different transaction from buying land and hiring a builder, and the risks sit in different places.

For the checks that apply to any house or land purchase, see what to check before you buy a house or land. This guide covers what is specific to buying from a developer.

1. The contract

A developer contract should state clearly:

Plot — title deed number, area, location in the estate
House — model, floor area, specification list attached
Price and payment schedule, including the booking and down payment
Completion and transfer dates, and what happens if either side is late
Defects — inspection before transfer and the repair process afterwards
Transfer costs — who pays which fees and taxes at the land office
Common fees — the amount, when they start, and what they cover

Read the reservation form too. It is often signed at a sales event before anyone reads the contract.

2. The brochure and the model house

What the developer promised in sales material — the clubhouse, the pool, security, landscaping, the specification of the model house — should be traceable in the contract or its annexes. Keep:

The brochure and estate plan
Photos of the model house
The online listing and sales messages

When the delivered house or the common facilities fall short, these are the evidence.

3. Inspection before transfer

Transfer is the point of greatest leverage. Before it:

Inspect the house against the specification — structure, roof, drainage, electrics, plumbing, finishes
Consider an independent inspector for what a walk-through cannot see
List defects in writing and agree how and when they will be fixed
Do not let a transfer date pressure you into accepting an unfinished house without a written repair commitment

4. Defects after transfer

A claim against the seller for defects must be brought within one year of discovering the defect
Developers often give their own warranty periods for structure and fittings — check them
Report in writing, with photos and dates
Do not let the time run while negotiating informally

For houses built under your own construction contract rather than bought from a developer, the rules differ. See contractor disputes over unfinished or defective work.

5. Roads, common areas and the village juristic person

In a licensed housing estate, the developer must maintain the common facilities — roads, drainage, lighting, parks — until they are handed over, usually to a juristic person formed by the residents.

Before buying, check:

That the estate is licensed as a housing estate
What facilities were promised and whether they exist
The handover plan and the condition of common areas
The common fee level and what it will fund

After handover, the cost of fixing what the developer left becomes the residents' problem.

6. Financing

Most buyers use a bank loan. The loan approval, valuation and the transfer date need to line up. If the loan is refused, check what the contract says about the deposit and down payment — some contracts address this, many do not.

7. A Thai spouse and a foreign spouse

A foreigner cannot own land. When a Thai–foreign couple buys, the house and land are usually registered to the Thai spouse, and the land office commonly requires the foreign spouse to declare that the purchase money is the Thai spouse's own funds rather than joint marital property.

That declaration has consequences for divorce and inheritance. Understand it before signing, and consider protecting the foreign spouse's position. See buying a house or land in your partner's or child's name and protecting your home with a usufruct and a will.

Checklist

Estate licence and plot title checked
Contract compared with brochure and model house
Specification list attached to the contract
Dates, delay remedies and deposit terms clear
Pre-transfer inspection done and defects listed in writing
Common facilities and handover plan checked
Loan timeline aligned with transfer
For mixed-nationality couples, the declaration and protective steps understood