Checks, costs & money
Why you need your own lawyer to buy property on Koh Samui, exactly what they should do for you, how to choose one, and the questions to ask before you instruct them.
In short
- Thailand has no conveyancing system that protects buyers by default. Your own lawyer is your protection.
- A property lawyer should handle due diligence, contracts, the ownership structure, the transfer and your will.
- Use a lawyer who acts only for you, never the seller’s or developer’s.
- Ask for a fixed written quote and a clear scope of work before you instruct anyone.
- We can introduce you to independent firms we’ve worked with, but the choice is always yours.
In many countries, a solicitor or notary is a built-in part of every property sale. In Thailand, the Land Office registers what it is given; it doesn’t check whether the deal is a good one for you. A foreign buyer who signs without independent legal advice is relying entirely on the seller’s goodwill. This guide explains what a good property lawyer does on Koh Samui, how to choose one, and what to expect. For the full buying process, read buying property in Koh Samui.
We are a property consultancy, not a law firm, and we don’t give legal advice. This page explains what to expect from the lawyer you instruct.
Why an independent lawyer matters
- The Land Office registers, it doesn’t advise. Officials record the transaction presented to them. They won’t tell you a lease is badly drafted or that renewal promises may be unenforceable.
- The seller’s lawyer acts for the seller. A developer’s lawyer drafts contracts to protect the developer.
- The ownership structure is legal work. Leases, superficies, usufructs, condo quota and company issues all need advice specific to your purchase.
- Mistakes are expensive to fix later, and some can’t be fixed at all.
What your lawyer should do
- Advise on the structure. Freehold condo, lease and superficies, Sap Ing Sit, or another route, and how it affects resale and inheritance. See foreign property ownership.
- Review the reservation agreement before you pay a deposit, so that it’s refundable if due diligence fails.
- Carry out due diligence: title deed and Land Office search, encumbrances, access, permits, the seller’s authority, and for condos the quota and juristic person. See property due diligence.
- Draft or negotiate the contracts: the sale and purchase agreement, lease, superficies and any rental or management agreements, in Thai and English.
- Advise on the money: how to transfer funds from abroad, the FET form, and who pays which fees. See taxes and transfer fees.
- Handle the transfer at the Land Office, in person or under your power of attorney.
- Afterwards: register the house, prepare a Thai will, and help with any rental licensing.
Contract terms your lawyer should negotiate
The sale and purchase agreement is where most of your protection lives. A good lawyer will check, and negotiate where needed:
| Clause | What to look for |
|---|---|
| Deposit | Refundable if due diligence fails or the seller can’t transfer |
| Payment schedule | Linked to real milestones, not just dates, for off-plan |
| Completion date | Fixed, with penalties or a right to cancel and be refunded for delay |
| Fees and taxes | Exactly who pays each item at the Land Office |
| Specification | Plans, finishes, furniture and the size you’re paying for |
| Defects | A warranty period and how defects are fixed |
| Assignment | Whether you can sell your contract before completion |
| Renewals and succession | For leases: renewal wording, and what happens on your death |
| Language | Which language wins if the Thai and English versions differ |
| Disputes | Where and how disputes are resolved |
What happens after the purchase
A good lawyer’s work doesn’t end at the Land Office:
- House registration: a foreign owner of a house can obtain a yellow house registration book (Tor Ror 13) and a pink ID card, which help with banking, utilities and car ownership.
- A Thai will for your Thai property.
- Rental set-up: advice on licensing, tax and management contracts if you plan to let.
- Renewals and assignments: registering a lease renewal, or assigning your lease when you sell.
Who can act as a lawyer in Thailand
- Thai lawyers licensed by the Lawyers Council of Thailand can give legal advice, appear in court and act for you.
- Foreign nationals may work in Thai law firms as consultants, but practising law in Thailand is reserved for Thai nationals. A Thai licensed lawyer should be responsible for your file.
- “Agents” and “consultants” offering legal services aren’t lawyers. Check credentials.
How to choose a property lawyer on Koh Samui
- Licensed in Thailand, with a named lawyer responsible for your matter.
- Regular property work on Koh Samui, including leasehold villas and condos.
- Fluent English, and replies to emails within a reasonable time.
- A clear written scope of work and a fixed fee quote.
- No connection with the seller, the developer or the selling agent.
- Willing to tell you plainly not to buy.
- Professional indemnity insurance, if possible.
Questions to ask before you instruct a lawyer
- Who exactly will handle my file, and are they a licensed Thai lawyer?
- What is included in the fee, and what costs extra?
- How long will due diligence take, and will I receive a written report?
- Have you acted for buyers on leasehold villas with a superficies? On Sap Ing Sit?
- Do you have any relationship with this seller, developer or agent?
- Can you act for me at the Land Office under a power of attorney?
- Will you prepare a Thai will?
How fees usually work
Many Koh Samui firms charge a fixed fee for a standard purchase, covering due diligence, contract review and the transfer. Others charge a percentage of the price, especially for larger or more complex transactions. Extras can include drafting new contracts from scratch, a company set-up, a will, translations and attendance at the Land Office on more than one day.
Government fees and taxes are separate and are paid at the Land Office.
Ask every firm you’re considering for a written quote listing exactly what is included. A lower fee that leaves out due diligence or the transfer isn’t cheaper.
Buying from abroad with a power of attorney
Many buyers complete without travelling. Your lawyer prepares a Land Office power of attorney for the specific transaction. You sign it, often with notarisation or legalisation in your home country, and your lawyer attends the transfer for you. Sign a specific power of attorney for one transaction, not a general one.
Red flags
Watch out
Be cautious if a lawyer:
- was introduced and paid by the seller or developer;
- discourages due diligence or says checks aren’t needed;
- suggests Thai nominee shareholders to hold land;
- won’t give a written fee quote or scope;
- asks you to transfer purchase money into their personal account.
How we work with lawyers
We work alongside independent law firms on Koh Samui on every purchase we handle, and we can introduce you to firms we’ve worked with. We don’t receive referral fees from lawyers. You choose and instruct your own lawyer, and they act only for you.
Frequently asked questions
It isn’t a legal requirement, but we strongly recommend one. Without independent advice, nobody is checking the deal on your behalf.
Many firms charge a fixed fee for a standard purchase or a percentage of the price. Ask for a written quote; government fees and taxes are separate.
No. They act for the developer. Use your own independent lawyer.
Often yes. Your lawyer can complete the transfer under a specific power of attorney.
Before you pay a deposit or sign a reservation agreement.
A legitimate lawyer won’t set up a nominee company to hold land for a foreigner. It’s illegal.
For introductions and help coordinating with your lawyer through a purchase, see our property legal services.
Would you like a lawyer introduction?
We can introduce you to independent firms on Koh Samui. The choice is always yours.
General information only, not legal advice.