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Thailand condo resale

Resale condos need encumbrance checks, juristic transfer fees, and seller tax clearance. The process is often more complex than buying from a developer because history, arrears, and individual seller motives vary.

Use our property hub alongside the condo buying guide for end-to-end buyer workflow.

Encumbrances
Check title

Mortgages and liens must clear or be assumed knowingly before transfer.

CAM arrears
Buyer risk

Outstanding common area fees may follow unit unless cleared at transfer.

Seller taxes
Affect net price

Withholding and specific business tax depend on seller hold period.

Foreign quota
Re-verify

Confirm unit still within 49% foreign quota even if prior owner was foreign.

Resale vs developer purchase

Foreign buyers should expect extra diligence on resale units compared with primary developer sales.

Review itemWhy it matters on resale
Title searchVerify seller ownership and no blocking encumbrance unless agreed assumption
Quota letterFresh certificate from juristic person for your foreign purchase
FET remittanceNew inward remittance and FET form in buyer name even on resale
Juristic transferBuilding rules, fees, and interview before Land Office day
Physical inspectionDefects and renovation quality unlike new developer warranty

Resale purchase workflow

Follow this sequence from shortlist to registered title. The Department of Lands and juristic person both review transfer documents.

1

Shortlist resale units

Compare CAM, floor, view, and liquidity in target building.

2

Order title and encumbrance search

Lawyer confirms clean title or documents existing mortgage payoff plan.

3

Verify quota and juristic rules

Obtain foreign ownership certificate and transfer fee schedule from juristic person.

4

Inspect unit and CAM records

Check arrears, renovation permits, and leak or defect history.

5

Negotiate tax split

Seller hold period affects specific business tax; reflect in net price negotiation.

6

Complete juristic and Land Office transfer

Pay taxes, FET verified, new title issued in buyer name.

Resale due diligence checklist

Confirm each item with your lawyer before paying resale deposit.

  • Updated unit title deed matches seller ID and SPA
  • Mortgage discharge letter or payoff at transfer if unit encumbered
  • Juristic person clearance letter showing no CAM arrears
  • FET form amount matches registered purchase price
  • Building rules allow intended use including rental if planned
  • Seller tax calculations documented before final price agreement

Property hub

Browse our 0 for ownership paths, taxes, and city guides for expat buyers.

Resale transfer costs

Seller tax position affects negotiable price. Revenue Department rules apply to withholding and specific business tax.

CostResale note
Transfer fee~2% of assessed value; buyer-seller split per SPA
Withholding taxSeller progressive or corporate withholding on appraised value
Specific business tax3.3% if seller owned less than five years typically
Juristic transfer feeBuilding-specific charge on ownership change at juristic person
Lawyer diligenceTitle search, SPA review, and transfer attendance recommended

Ask counsel registered with the 0 to review your transaction before you wire a deposit.

Common resale mistakes

Resale disputes often involve arrears, encumbrances, or tax surprises visible in early diligence if you look.

  • Paying deposit before title search on resale seller
  • Ignoring CAM arrears that juristic person collects from new owner
  • Assuming prior owner FET form satisfies buyer registration requirement
  • Skipping physical inspection because unit looks fine in photos
  • Not re-verifying foreign quota when buying from foreign seller

Frequently asked questions

General answers for expats buying or holding property in Thailand. This is orientation, not legal advice for your specific transaction.

Q:Is resale harder than new condo?

A:Often yes. Seller taxes, encumbrances, CAM history, and renovation quality add variables developer sales avoid.

Q:Do I need new FET form on resale?

A:Yes. Buyer needs inward remittance and FET in buyer name for foreign freehold registration.

Q:Who pays transfer taxes?

A:Negotiated in SPA. Statute assigns default splits but parties commonly contract otherwise.

Q:What if seller has mortgage?

A:Mortgage must discharge at transfer or buyer assumes with bank approval, rare for foreigners.

Q:Can I check CAM arrears?

A:Request juristic person statement before deposit. Arrears may block transfer or pass to buyer.

Q:How long does resale transfer take?

A:Several weeks from SPA to Land Office if documents ready. Delays common if mortgage or tax clearance slow.

Q:Should I use same agent as seller?

A:Agent represents transaction speed. Hire independent lawyer for title and SPA review.

Q:Does resale affect foreign quota?

A:Unit must still be within 49% foreign quota. Juristic person confirms for each new foreign buyer.

Official references