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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Real Estate Guide

Buying a Resale Condo from a Private Thai Owner: Getting the Money In, the Quota Letter, and Transfer Day

You have found a second-hand unit and the seller is an individual, not a developer. How to remit funds correctly when you have no Thai bank account, what the juristic person must give you, and the running order at the Land Office on transfer day.

Suwanvara Law FirmReal Estate Team10 min read

Start with the money, not the unit

Most guides on buying a condominium in Thailand begin with the property. For a foreign buyer purchasing a resale unit from a private owner, the first real problem is usually different: getting your money into Thailand in a form that the Land Office will accept.

Get that wrong and the purchase stalls no matter how good the unit is.

This guide covers the resale, private-seller transaction specifically. Whether foreigners can own a condominium at all, and the general framework, is covered in our foreign property guide — this one picks up after you have found a unit and a seller.

General information only, not advice on a specific matter. Charges, taxes and requirements should be confirmed for your specific transaction before you sign.

1. Getting the money in

For a foreign-quota purchase, the Land Office needs evidence that the purchase funds came into Thailand from abroad, in foreign currency, and were converted in Thailand, with documentation in the buyer's name.

The points that decide whether this goes smoothly:

  • The currency must arrive as foreign currency and be converted here — not converted abroad and sent as baht
  • The stated purpose of the remittance matters; it should reflect the purchase
  • The name on the incoming funds has to line up with the person who will be registered as owner
  • The evidence must be obtainable from the receiving bank in the form required, and banks differ in how readily and how quickly they issue it
  • Amounts should cover the purchase price, and it is common to remit somewhat more than the bare figure to allow for charges

If you have no Thai bank account, that does not prevent the purchase, but it does change how the flow is structured. There is more than one workable route and the right one depends on your timing and your bank. Decide it before you transfer anything — a remittance that arrives in the wrong form or the wrong name is difficult to correct and can delay or block registration.

Keep every document. You will need this file again on the day you sell, and your family may need it if the unit passes to them.

2. Before the deposit: who really owns it

With a private seller there is no corporate counterparty and no project structure. Verify independently:

  • The registered owner against the person you are dealing with
  • Authority to sell, including any co-owners
  • Marital property status and spousal consent where required
  • Whether the unit was inherited, and if so whether the estate is properly administered
  • Whether the unit is mortgaged, and how that will be discharged
  • Whether the same unit has been promised to anyone else

3. What the juristic person must confirm

Two things, both before you commit money:

  1. The foreign-quota position — whether the unit can be transferred into foreign ownership within the building's permitted proportion. A building close to its limit changes the deal and sometimes ends it.
  2. Arrears — whether common-area fees, sinking-fund contributions and other charges on the unit are settled, and who will clear anything outstanding.

Ask for these in writing. A seller's assurance is not a substitute, and discovering either problem on transfer day means postponing at best.

4. Deposit and payment structure

There is no developer and no default escrow. The structure should reflect that:

  • A modest deposit under a written agreement, with the conditions for return set out
  • The balance at the Land Office against registration, not before
  • No funds leaving your control before the title position and the juristic person's confirmations are in hand
  • A clear position on what happens if the quota letter cannot be obtained, or if arrears turn out to be substantial

5. Transfer day at the Land Office

The running order, in outline:

  1. Parties attend with identity documents; a foreign buyer's documents may need translation
  2. The title document and the juristic person's confirmations are presented
  3. Evidence of the foreign-currency remittance is presented
  4. Charges arising on the transfer are settled per the contract split
  5. The balance is paid
  6. Transfer is registered and the title document is updated

Two practical notes: build in time, because the Land Office is not a same-hour process and paperwork gaps surface here; and agree the cost split in the contract, because arguing about it at the counter with a seller who wants to be paid is the worst possible moment.

6. The costs both sides argue about

Several charges arise on a transfer, and Thai practice on who bears them is negotiable rather than fixed. Some are conventionally shared, others fall on one side, and the seller's tax position can affect the total.

What causes disputes is not the amounts but the absence of agreement. Write the split into the contract before signing. We set out the charges applying to your specific transaction when we review it.

7. The file you keep afterwards

Keep, permanently:

  • The purchase contract and receipts
  • The remittance and foreign-currency conversion evidence
  • The juristic person's confirmations
  • The registered title document
  • Records of fees paid during ownership

You will need this when you sell — particularly the remittance evidence, which is relevant to taking funds out of Thailand later — and your heirs will need it if the unit passes to them.

8. If a long-stay visa application is running alongside

Keep them aligned, not merged. The purchase runs to the seller's, the juristic person's and the Land Office's timetable. The visa route has its own requirements and timing.

Problems arise when a buyer assumes one depends on the other, or delays a purchase step waiting for an immigration outcome. Tell us both timetables at the start and we will flag where they genuinely interact. See our visa and work permit guide for the immigration side.

Summary

StageThe thing that goes wrong
FundingMoney arrives as baht, or in the wrong name, and cannot be used for a foreign-quota purchase
Before depositSeller's authority, co-owners or spousal consent not verified
Juristic personQuota is full, or arrears surface on transfer day
Payment structureLarge sum paid on trust with nothing secured
Transfer dayCost split never agreed, argued at the counter

On a private-seller resale, the risk is not the building. It is the counterparty and the paperwork — and both are manageable if handled before money moves.

We act for foreign buyers on resale conveyancing end to end, including the remittance structure, the juristic person's confirmations and attendance at the Land Office. Ask us for a written scope and quotation for your specific purchase — call +66 92 254 2045 or send us the details. On fees generally, see our legal fees guide.


This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.

Frequently asked questions

I do not have a Thai bank account. Can I still buy?+

Yes, and this is a common position for buyers purchasing before they have residency arrangements settled. What matters is not whether you personally hold a Thai account but that the funds arrive in Thailand in foreign currency, are converted here, and are evidenced in a way the Land Office will accept in the buyer's name for a foreign-quota purchase. There are different ways to structure that, and the right one depends on your timing and your bank. Decide it before you transfer anything, because remittances that arrive in the wrong form or the wrong name are difficult to fix afterwards and can delay or block registration.

What is the foreign-quota letter and who issues it?+

It is a document from the building's juristic person confirming that the unit can be transferred into foreign ownership within the building's permitted foreign proportion, and it is required at the Land Office for a foreign-quota purchase. The juristic person also confirms whether common-area fees and other charges on the unit are settled. Both points should be checked before you commit money, not on transfer day — a building close to its foreign limit, or a unit with substantial arrears, changes the deal and occasionally ends it.

How is buying from a private owner different from buying off-plan?+

The main difference is that nobody is standing behind the transaction. With a developer there is a corporate counterparty, a standard contract and a project structure. With a private seller you are dealing with an individual whose identity, authority and marital property position all have to be verified independently, and there is no escrow arrangement by default. The upside is that the unit exists and can be inspected; the risk shifts from construction and completion to counterparty and title.

How should deposit and payment be structured when there is no developer?+

So that you never pay ahead of what you can verify or secure. A modest deposit under a written agreement that sets out the conditions for return, then the balance at the Land Office against registration of transfer, is the normal shape. What we advise against is a large upfront payment on trust, and any arrangement where funds leave your control before the title position and the juristic person's confirmations are in hand.

Who pays the transfer costs?+

There are several charges arising on a transfer and Thai practice on who bears them is a matter of negotiation, not a fixed rule. What causes disputes is not the amounts but the absence of agreement — the split should be written into the contract before signing rather than argued at the counter on the day. We set out the current charges applying to your specific transaction when we review the contract.

I am buying while a long-stay visa application is running. Does that affect the purchase?+

They are separate workstreams and should be kept aligned rather than merged. The purchase has its own timetable driven by the seller, the juristic person and the Land Office; the visa route has its own requirements and timing. Problems arise when a buyer assumes one depends on the other, or delays a purchase step waiting for an immigration outcome. Tell us both timetables at the start and we will flag where they genuinely interact.