Real Estate & Property Due Diligence

Real Estate Due Diligence/Title Verification and Investigation

A complex system of laws, rules and regulations govern real estate ownership, real estate transactions, and real estate/land use in the Kingdom of Thailand There is no unified or codified laws or regulations governing the same and there is currently no centralized registry for real property that would instantly provide the needed data on registered and unregistered real estate, real estate transactions and registered owners. Moreover, issues involving double titling, overlapping of titles, double sale of real estate, proliferation of fictitious titles, sale of unregistered real estate condominium and subdivision projects by unscrupulous developers, encroachment, and conflict of actual land use with current zoning and other land use regulations, among others, continue to hound the real estate sector and its stakeholders.

Hence, navigating through the Thailand real estate landscape is a daunting challenge. A due diligence investigation of a target real estate for acquisition, investment or lease is thus necessary to avoid the major risks mentioned above and ensure that the decision-maker can sleep well at night during and after the transaction.

Juslaws & Consult with real estate attorneys, real estate appraisers, real estate business advisors, geodetic engineers, criminologists, accountants and other realty professionals aim to provide the necessary key information and integrated real estate solutions to address the key risks involved in a client’s decision to acquire or invest in certain real estate.

Scope of Work

Juslaws & Consult real estate due diligence or title verification and investigation services include:

⦁ Investigation of the authenticity, validity and current status of the title, tax declaration or other muniments of title covering the target property, including the right of the registered owner to transfer or convey the same

⦁ Overlap or double titling verification with the relevant government agencies
⦁ Investigation of recorded, apparent and subsisting liens and encumbrances on the target property
⦁ Investigation of any pending claims, complaints, cases or proceedings involving the target property with the barangay lupon, trial courts, appellate courts, and agencies with land titling functions;
⦁ Investigation of the exact location, the registered owner and the actual possessor/s of the target property, including the claims of ownership, possession and other real rights over the same
⦁ Investigation of the nature, legal classification and actual land use of the target property, including the current zoning classification and authorized land use/s of the same and any proposed zoning re-classification of the same
⦁ Investigation of the legal and land use restrictions on the client’s intended use of the target property, including easements and setbacks
⦁ Investigation of the coverage of the subject property under any of the agrarian reform or other social programs of the government
⦁ Investigation of tax liabilities and/or charges on the target property
⦁ Geohazard verification with the relevant government agency
⦁ Investigation on whether the property is an ordinary or capital asset of the registered owner
⦁ Investigation on the registered owner such as the current address thereof and the heirs thereof (if deceased) or the current registration status thereof and current officers/directors/shareholders thereof (if juridical entity)
⦁ Investigation of other risks involved in the acquisition of the target property such as issues on threatened or proposed expropriation or public auction of the same
⦁ Investigation on the property owner or project developer’s compliance with building, zoning and other land use and development regulations and restrictions
⦁ Verification of the permits, licenses and approvals issued in connection with the construction, development and/or management of the target property