Off-plan properties
Start with the part nobody in the industry likes saying out loud. The lawyer your agent recommends is not your lawyer. Agents, developers and sellers all have firms they work with regularly, and those firms have an ongoing relationship to protect.
That does not make them dishonest. It makes them not yours. When something needs pushing back on, you want someone whose only client in the room is you.
Below is how to find that person, how to check they are actually licensed, what each type of work costs you in time, and which questions separate a real firm from an office that looks like one. Rules and fees change, so confirm anything specific directly with the firm you engage.
A recommendation from the person selling you something is a conflict, even when everyone involved is decent. The firm gets repeat work from the agent and one transaction from you. You can guess whose call gets returned first.
This is not an argument against agents. A good agent is worth having, and choosing one well matters — that is a separate skill covered in the guide to choosing a reliable agent in Thailand. It is an argument for keeping the two roles apart. Ask your agent for three names, then find a fourth yourself and compare all four.
Thailand has plenty of offices that offer legal-sounding services without a licensed lawyer behind them. Visa agencies, company formation shops and consultancies all sit in this space. Some are competent. None can represent you if a matter turns into a dispute.
Ask directly whether the person handling your file is a licensed Thai lawyer, and ask for the licence number. A real firm answers this in one sentence without taking offence. What else to establish before you engage:
Ask it plainly: do you act for the seller, the developer or the agency in this deal. A firm that already represents the other side cannot represent you properly, whatever anyone says about it being a formality.
A straight answer here tells you more than any credential. Evasion is the answer. So is a long explanation about how everyone knows everyone in a small market.
Most foreign buyers hire a lawyer for a purchase, and the value is concentrated in a few days of work before any money moves. The visible part is small and the preventable losses are large.
A property engagement normally covers:
Understanding the deed itself helps you follow the advice you are paying for, and the guide to Thai land titles and what a chanote is is a useful hour before the first meeting.
For a routine extension you do not need a lawyer. An agent or your own time will do. Legal help earns its cost when the situation stops being routine.
That means an overstay that has already accrued, a refusal you want to challenge, a permit tied to a company with lapsed filings, or a marriage or dependant case with awkward documents. The general rule is that lawyers are for problems and agents are for procedures. The everyday version of dealing with these offices is covered in the survival guide to Thai bureaucracy.
Company setup is where cheap advice is most expensive. The structure you choose determines what you may do, who must own what, and how hard it is to change later.
Shareholding arrangements deserve particular care. Structures that look clever on day one can be unenforceable or worse, and the person who suggested one is rarely around when it is tested. Ask any adviser to explain in writing why the proposed structure is lawful. A firm confident in its advice will put it on paper. One that will not is telling you something.
Three models are common, and mixing them up causes most billing disputes. Ask which one applies before work starts.
| Model | How it works | Best for |
|---|---|---|
| Fixed fee | One price for a defined scope | Purchases, company setup, standard matters |
| Hourly | Billed by time spent | Disputes and open-ended work |
| Retainer | Monthly fee for ongoing availability | Businesses with recurring needs |
Get the scope in writing, not just the number. A fixed fee means nothing until you know what it includes. Ask specifically what happens if the matter turns out to be more complicated than expected.
A proper engagement letter is short and specific. If what you receive is a single figure in a message, ask for the rest:
Contracts in Thailand are commonly bilingual, and the Thai version usually prevails. Your lawyer should tell you which version governs and confirm that the two say the same thing.
Never sign a document you have only seen in one language. If your lawyer cannot explain a clause in your language, that is a service problem rather than a translation problem. Ask for the explanation before the signing date, not at the table.
These come up repeatedly in cases that go wrong, and each is visible before you commit:
Several of these overlap with the patterns described in the guide to avoiding scams when buying property in Thailand, which is not a coincidence.
Start with several sources rather than one, so no single interest shapes your whole shortlist:
Speak to at least three before choosing. You are comparing how they explain things as much as what they charge. The one who makes the problem clearest is usually the one who understands it best.
Once engaged, most delays come from the client rather than the firm. Documents arrive late, questions go unanswered, and deadlines move as a result.
Send everything you have at the start, including the parts you think are irrelevant. Ask questions in writing so the answers exist in writing. Tell your lawyer bad news immediately. A problem disclosed early is a task, and the same problem disclosed late is a crisis.
Getting one is normal and not an insult. It is worth the cost when the sums are large, when the advice you received feels like a sales pitch, or when a structure is being described as standard without explanation.
Ask the second firm to review the documents rather than the first firm's opinion. You want an independent reading, not a critique. If both arrive at the same place, you can proceed with confidence.
Do I really need a lawyer to buy property?
Legally you can proceed without one. Practically it is the cheapest insurance in the transaction, because title problems and contract terms are not visible to a buyer who has not seen them before. The fee is small against the purchase price.
Can I use my agent's lawyer?
You can, and many people do, but understand what you are accepting. That firm has a continuing relationship with the agent and a single transaction with you. For a straightforward purchase it often passes without incident. For anything contested it is the wrong arrangement.
How do I verify a lawyer is licensed?
Ask for the licence number and the name it is registered under, and check it with the professional body. A genuine firm expects the question. Reluctance to answer is itself the information you were looking for.
Is a foreign lawyer better?
Not necessarily, and there is a limit: foreign lawyers cannot appear in Thai courts. Many firms pair a Thai lawyer with a foreign-qualified adviser, which gives you local standing and communication in your own language. That combination usually works best.
What if I already signed something I do not understand?
Get it reviewed immediately rather than waiting to see what happens. Options narrow with time, and some contracts have short windows in which a problem can still be addressed. Bring the document and every message around it.
An agency that answers legal questions itself is doing you no favours. DDA Real Estate is a real estate agency working in Thailand, and our part of a transaction ends where legal advice begins. We handle the property: what it is, what it costs to hold, what the building permits and what the market will pay for it later. Title verification, contract terms and ownership structure belong to a lawyer you choose independently, and we say so rather than steering you to a firm we work with.
Look at our offers in Thailand and leave a request: we will shortlist properties that fit how you plan to use them, set out what each one will need checked before you commit, and be straightforward about which questions to put to your own lawyer rather than to us.