Real Estate Agent Legalities

Real Estate Agent Legalities: Navigating the Legal Landscape in Thailand

As the real estate market in Thailand continues to thrive, real estate agents play a crucial role in connecting buyers and sellers, ensuring smooth transactions, and providing valuable guidance. However, amidst the bustling property market, it’s essential for real estate agents to be well-versed in the legalities that govern their profession. In this article, we’ll delve into the key legal aspects that every real estate agent in Thailand should be aware of to ensure compliance and provide the best service to their clients.

  1. Licensing Requirements: To operate legally as a real estate agent in Thailand, individuals and firms must obtain the necessary licenses and permits. The Thai government has specific regulations in place to ensure that only qualified and licensed professionals can offer their services in the real estate sector. Ensuring that your real estate agency is duly licensed is the first step in complying with Thai law.
  2. Contractual Agreements: Real estate transactions in Thailand heavily rely on legally binding agreements. Agents should have a comprehensive understanding of the contracts involved, such as sales and purchase agreements, lease agreements, and rental agreements. Accuracy in drafting these contracts is paramount to prevent disputes and legal complications down the line.
  3. Property Titles and Ownership: Thailand has a unique system of property ownership and titles. Real estate agents need to be well-acquainted with the various types of land titles, such as Chanote, Nor Sor 3, and Sor Kor 1. Understanding the differences between these titles is vital for ensuring that clients are purchasing properties with clear and unencumbered ownership rights.
  4. Due Diligence: Performing due diligence is a critical aspect of a real estate agent’s role. Agents must verify property ownership, conduct background checks on properties, and ensure that there are no outstanding debts, encumbrances, or legal disputes associated with the property. Failure to do so can lead to legal complications for both the agent and the client.
  5. Anti-Bribery and Corruption: Thailand has strict laws in place to combat bribery and corruption. Real estate agents must adhere to these laws when dealing with government officials, property developers, or any other party involved in a transaction. Any involvement in corrupt practices can result in severe legal consequences.
  6. Taxation and Legal Obligations: Real estate transactions are subject to various taxes and fees in Thailand. Agents should be knowledgeable about the tax implications of buying or selling property and should guide clients accordingly. Additionally, staying updated on changes in tax laws and regulations is crucial.

Conclusion: In the dynamic world of Thai real estate, staying on the right side of the law is not just a matter of ethics but a legal necessity. Real estate agents must be well-informed about the legal intricacies of their profession to provide trustworthy and reliable services to their clients. Ensuring compliance with licensing requirements, understanding property titles, conducting due diligence, and upholding ethical standards are all essential steps in navigating the legal landscape of real estate in Thailand.

At Sukhothai Inter Law, we understand the complexities of the real estate market in Thailand and Southeast Asia. Our dedicated team of legal experts is here to assist you in all matters related to real estate agent legalities. Contact us today at +66 (0) 85 155 4763 or email us at it@sukhothaiinterlaw.com for comprehensive legal support in your real estate endeavors. Your success is our priority.

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    Sutham Siribunyawat

    Experience
    Khun Sutham has broad experience of providing legal advice and services in
    Thailand concerning commercial transactions, investments, real estate and dispute resolution
    matters for over 20 years. Khun Sutham has particular expertise in the following areas of practice:

    • Domestic & International Tax Consultation
    • Real Estate Transactions ( incl: developers, financiers and contractors)
    • Construction related matters
    • Investment and shareholding related dispute matters involving foreign investors
    • SEC enforcement related matters

    1981 Barrister of Law (LL.B) Ramkhamhaeng University
    1982 Granted License to practice Law and became Life member of the Law Society of Thailand
    1983 Barrister at Law, Thai Bar Association
    1990 Diploma of Negotiation and Contract Drafting (Chulalongkorn University)
    2003 Diploma of International Taxation (Thai Bar Association)
    2003 Notary Public License (Thai Bar Association)
    2008 Diploma (Taxation Planning)
    1982 - 1985 Practiced Law as Litigation Lawyer (Kingdom of Thailand)
    1985 - 1988 Studied English and Business Program (London, U.K.)
    1989 - 1990 Employed by ICL International Law Firm, Bangkok
    1990 present Founded Law Firm (SIL) and be partnership with an English businessman and a group of Thai Lawyers
    2015-2018 Co-Founder and Member of Board of Directors of ARYU Hospital Health Care CO.,Ltd.,
    Yangon, Myanmar, a Joint Venture between Gar Mone Pwint CO., Ltd, Myanmar, and stock listed
    Thonburi Health Care Group Public CO. ,Ltd., Thailand

    DETRY MICHEL

    Aalst, June 4th 1955
    Belgian
    Email: m.detry@sukhothaiinterlaw.com

    Professional activities
    02/04/2001 Tax Consultant (ITAA number: 50.205.075)

    01/09/1985 Chartered Accountant (I.E.C. number: 805.2F.55)

    1982 Chartered Accountant to the Courts

    Decoration
    “Lauréat du Travail”

    Others mandates
    1994 – 2002 Chartered Accountant as delegate to “Union des Classes Moyennes” (UCM)

    1997 Chartered Accountant as delegate to
    “Agence locale pour l’emploi (ALE) d’Auderghem”

    1998 – 1999 CharteredAccountant as delegate to
    “Comité de gestion du Fonds de Garantie de la Région Bruxelloise”

    1998 – 2002 CharteredAccountant as delegate to
    “Comité de gestion de la Chambre des Métiers et Négoces de Bruxelles et Brabant Wallon”

    1999 CharteredAccountant as delegate to “Comité de gestion de Bruxelles Capitale”

    2001 – 2009 CharteredAccountant as delegate to “Commission de Discipline à l’I.E.C.”

    2010 - 2020 Chartered Accountant as delegate to “Commission de Stage à l’I.E.C”

    Dr. Herbert KUESS
    Moos 22 / 6091 Götzens

    Senior Partner
    Project Financing national (Austria) and international (Myanmar, Thailand, Russia),
    Financial and management Advisory

    Phone: Tel: +66 (0) 2212 6866-7
    Mobile: +43 (0) 664 627 2215
    E-Mail: h.kuess@sukhothaiinterlaw.com

    Education
    Law studies at Leopold-Franzens University, Innsbruck, Austria (Doctor of Laws, 1980)
    Certified Accountant (1984)
    Authorised for management consultancy including organisation (2003)

    Languages
    German and English

    Practise Areas
    Structuring of large scale financing and investments, bank management for corporate customers,
    time based commercial management for clients.
    Myanmar Specialist with a strong network since 2013

    Functions/Member
    Managing Director of projects+finance pf management Ltd., Vienna, Austria
    (a fomer subsidiary of the largest international Austrian Banking Group Raiffeisen)
    since 2003

    Managing Director of Aqua Dome Tirol Therme Längenfeld (www.aqua-dome.at ),
    a thermal spa and resort in the Tyrol, Austria, since 2014

    Head of corporate business in two Austrian Banks (1982 – 2002)

    Numerous Board Functions in the Banking, Advisory and Tourism Business since 1990,
    also internationally e.g.

    Financial Advisor of ECOCOM Group, Austria and Russia (2007 – 2017)

    Co-Founder and Member of Board of Directors of ARYU Hospital Health Care CO.,Ltd.,
    Yangon, Myanmar, a Joint Venture between Gar Mone Pwint CO., Ltd, Myanmar, and stock listed
    Thonburi Health Care Group Public CO. ,Ltd., Thailand (2015 – 2018)

    Advisor of Aung Shwe Thee Ltd., Yangon, Myanmar, since 2013

    Advisor of Ayeyar Strength CO. ,Ltd, Yangon, Myanmar, since 2013

    Low Keng Hoong, Jeremy

    A-30-7 Residensi PR1MA Kg
    Paloh, Jalan Paloh, 30200
    Ipoh, Perak, Malaysia

    Phone: +601165711996 Email: jerelow@yahoo.com

    Distinct Skills

    • C-Level Leadership & Management
    • Business/Organization Planning
    • Market Feasibility Studies
    • Tertiary Education Pedagogies
    • Educational Leadership
    • Educational Accreditation
    • Start-ups
    • Mentoring

    Experience

    2019 – Present • CEO • KMC Medical Centre, Ipoh, Perak, Malaysia
    2017 – 2019 • CEO • Welly Hospital, Weihai, Shandong, China
    2016 – 2017 • Business Consultant • Thonburi Healthcare Grp, Bangkok, Thailand
    2015 – 2016 • Marketing & BD Director • Penang Adventist Hospital, Penang, Malaysia
    2012 – 2015 • Head & Lecturer, International Programs • Lingnan University, HKG
    2009 – 2012 • Associate Professor • Lingnan College, Sun Yat-Sen University, China
    2011 – 2012 • Int’l Accreditation • Lingnan College, Sun Yat-Sen University, China
    2008 – 2009 • CEO • WJ International Hospital, Beijing, China
    2006 – 2008 • Adjunct Business Professor • Bradford, Plymouth, Sunderland, Dublin
    1996 – 2005 • Marketing & BD Director • Hong Kong Adventist Hospital, Hong Kong
    1994 – 1996 • Assistant Professor • Southeast Asia Union College, Singapore
    1986 – 1994 • Marketing Information Analyst • San Francisco Music Box Co., USA
    1981 – 1983 • Mechanical Piping Draftsperson • Sime Darby Engineering, Malaysia
    1978 – 1981 • Church Pastor • West Malaysia & Singapore Mission SDA Church, Malaysia

    Education

    Doctor of Business Administration (2010), University of South Australia, Adelaide, Australia
    Master of Business Administration (1994), San Francisco State University, California, USA
    Bachelor of Science (Information Science) (1986), Andrews University, Michigan, USA
    Bachelor of Theology (1979), Southeast Asia Union College, Singapore

    Career Highlights

    KMC losing money since 1996, 2020 started making profits during COVID pandemic year
    after more than 23 years & 2021 with revenue increased by 25% with profits.
    - developed a retirement home facility (Ipoh); international healthcare wing at General
    Hospital of Armed Police (Beijing); Adventist Oncology Centre (Penang); Adventist Eye
    Centre (Hong Kong); & Adventist Dialysis Centre (Hong Kong)
    - developed from an empty old hospital building to a new general hospital of 250 beds with
    new facilities and equipment working closely with various government agencies for Welly
    Hospital (China).
    - performed market feasibility studies of Penang (2015), Ipoh (2015), Huzhou (2016), Beijing
    (2008), Chengdu (2015), Weihai (2017), Xiamen (2003), Shanghai (1999), Hong Kong
    (2000), these studies were used as supporting documents to develop or expand hospital or
    elderly care facilities, new buildings, hospital strategies and healthcare investments.
    - successfully led and assisted Lingnan (University) College in obtaining international
    accreditations (EQUIS - European Quality Improvement System & AMBA - Association of
    Master of Business Administration) in 2011
    - taught master and bachelor business modules: Strategic Management, Branding,
    Marketing Strategy, and International Business Strategy
    - consultant for fund-raising agencies - Helping Hand, Hong Kong Adventist Hospital
    Foundation, Penang Adventist Hospital, HK Diabetic Society.
    - doctoral, master, and bachelor business students’ thesis supervisor, advisor, or examiner.

    MR. NIYOT MASAVISUT
    14/221 Soi Chaengwattana 14,
    Tung Song Hong, Laksi,
    Bangkok 10210

    Mobile Phone : (081) 915-7518
    E-mail : niyotm@outlook.com

     

    PERSONAL DATA
    Date of Birth : March 19, 1968
    Marital Status : Married

    EDUCATION
    1996 : Master of Business Administration (International Business)
    Asian Institute of Technology, Thailand

    1991 : Bachelor of Science in Mechanical Engineering
    Washington University in St. Louis, USA

    WORK EXPERIENCE
    Okas Co., Ltd. (โอกาส
    2023 – Present : Founder and Director
    Provide financial services to Asset Management companies.

    Thai Medical Glove Co., Ltd.
    2021- 2022 (Dec) : Chief Financial Officer
    Oversees all financing activities especially project financing and prospective investors.

    Sukhumvit Asset Management Co., Ltd.
    2019 (Feb) - 2020 (Dec) : President
    Transform SAM to be a leading government AMC by developing a platform for NPL market and building capabilities of NPL acquisitions.
    Enhance asset recovery and portfolio return.

    2011 - 2019 : Senior Executive Vice President
    Manage Non Performing Asset such as properties.
    Develop and follow up on strategic implementation activities.
    Focus on Risk management activities.
    Enhance human resources capabilities.

    2005 - 2011 : Executive Vice President
    Manage Debt Restructuring activities for corporate SME and retail loans.
    Develop branch networks.
    Oversee outsourcers; namely ACAP and Tisco.

    Central Credit Information Co., Ltd.
    2003 - 2005 : Operations Director
    Oversee IT, Compliance, Marketing and Accounting Departments.

    Export-Import Bank of Thailand (EXIM Bank)
    1996 – 2003 : Assistant Vice President
    Responsible for credit facilities of investment projects especially in Greater Mekong Subregion.

    AT &T Telecommunications Product (Thai) Co., Ltd.
    1992 – 1994 : Engineer
    1993 : Design mechanical parts for new telephone sets.

    Siam Syntech Genysis Co., Ltd.
    1991 – 1992 : Project Engineer
    Manage and oversee subcontractors to install air-conditioning system and piping works for an office building project.

    TRAINING
    2017 * RE-CU CEO Premium in Modern Real Estate
    Chulalongkorn University, Thailand

    2014 * Advanced Certificate Course in Public Administration and Law for Executives
    King Prajadhipok’s Institute, Thailand

    2010 * Advanced Senior Executive Program
    Kellogg School of Management, Northwestern University and
    Sasin Graduate Institute of Business Administration of Chulalongkorn University

    2008 * Director Certificate Program
    Thai Institution of Directors, Thailand

    2006 * NIDA Executive Leadership Program
    Wharton University of Pennsylvania, USA