Can land simply be registered in the buyer's preferred name?
First distinguish the proposed buyer, the rights to be acquired, the intended land use and any applicable legal basis. Foreign individuals, Thai companies and businesses under special investment arrangements should not be covered by one general conclusion.
Is a company or BOI arrangement enough?
Check whether the company and investment arrangements are compliant, whether the project has the relevant eligibility and whether the land corresponds to the promoted business. Incorporating a company, obtaining a BOI certificate or having Thai shareholders should not be treated as a landholding solution requiring no further examination.
What should happen before signing a land purchase agreement?
Obtain the title deed, location, proposed use, buyer's shareholding structure and draft transaction documents. Check the seller's authority, encumbrances and access conditions. THAIHOUSING combines review of the holding arrangement with land due diligence to help identify the transaction conditions that must be satisfied.
Once a site has been selected, what should the lawyer address first?
Examine separately whether the buyer can acquire the proposed rights and whether the site suits the intended use. For a proposed factory, for example, the seller's willingness to sell does not establish that the project can proceed. Give the lawyer details of the planned products, buildings, access requirements and timetable so that eligibility, land information and transaction terms can be assessed as parts of the same project.
What should be prepared besides the title deed?
Organise the location and title-deed copy, seller and signatory details, current site conditions, intended use, existing leases or occupation, and reservation documents, deposit terms and payment plans. If information is unavailable, identify who holds it and when it can be provided. The lawyer can then list further materials to obtain and verify rather than reaching a conclusion from the title deed alone.
How can the findings support the signing decision?
Connect each issue to a transaction step: which documents are needed before signing, what the seller must resolve first, and what should become a payment or completion condition. THAIHOUSING connects land due diligence with transaction-document review, explaining verified matters, unresolved issues and their implications so the client can decide how to proceed.
How should a BOI project be linked to the specific site before purchase?
BOI land rights require the relevant application. Official guidance links the amount of land, industry type, land-use plan and location to the promoted project, and requires an explanation that the proposed use does not conflict with other applicable laws. Provide the promotion certificate, proposed site documents and use plan together. Promotion eligibility does not replace the land-rights application or due diligence on the particular transaction.
Related legal service
Sources
- BOI土地权益申请与使用指引
www.boi.go.th