Exchange rates on foreign Condo purchase

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Super Joe
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Re: Exchange rates on foreign Condo purchase

Post by Super Joe »

Nereus wrote:Without trying to confuse the issue, Super Joe, surely some of what you have written is contradictory.
As you have rightly written, the foreign exchange certificate must have the same name as the foreigner wanting to register the condo. How can that be done if the funds are transferred to a developer and or lawyer?
Because the sending bank account and receiving bank account are both on the form, so you either sent the foreign currency into Thailand, or brought it in (received it). Either or, seems to be all they require. I share your developer concerns, not how I would want to do it but if you're not here then you got to trust someone. Any bank account holder can obtain the certs for the transferer of the funds, I did it once for a customer. A Thai developer should have it arranged that someone at the banks runs them off as and when transfers come in, I'd of thought.
Super Joe wrote:3) Whichever name/s will be registered on the title, must be the exact same name of the sending bank account, or the receiving bank account. Ie: your name on one of the banks either end.
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DrMike wrote:i know that looking for logic in govt regulations is likely to drive you insane but why if you already have suficient funds in baht in a Thai bank can you not use that money
I'm no expert DrMike as have had no dealings with condos at all, just going on what I've read, but you can 'qualify' for one of the 49% 'foreign ownership quota' units through wages earn't in Thailand. Not sure about general funds in an account here though, I'm sure there's avenues, I can't believe they would be blocking this kind of business.

And the key point is this is all about the 49% quota units, as their permitting you land title rights with them (a certain % of the whole site land), so I guess their thinking is that as they're doing us this big 'favour', they want their pound of flesh. If not foreign ownership quota, you can pay in Baht and skip all the other criteria. But then you're leasing/other land holding rights, and not freehold. Please don't quote me on this though, as really not offay with it.

Here's the relevant section on the currency inflow issue:
Section 19 Aliens (foreigners) and juristic persons regarded by law as aliens (foreigners) may hold ownership of an apartment if the are the following:
1) Aliens permitted to have residence in the Kingdom under the Immigration law;
2) Aliens permitted to enter into the Kingdom under the investment promotion law;
3) Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
4) Juristic persons which are aliens under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law;
5) Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account.


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Re: Exchange rates on foreign Condo purchase

Post by Nereus »

Yes, I know what is written on the form SJ, I have several of them. It is very ambiguous, like a lot of other translations of Government regulations.

The legal advice that I was given is that the funds must be transferred into a Thai Bank account in the name of the foreigner wanting to register the Condo. The name of the "sender" is not accepted as being the foreigner then entiltled to use the funds to buy a Condo, unless the name is the same!

The last one that I did was arranged by fax and sent by a Bank. One before was sent from the account of an investment company, but in both cases the receiving bank account in Thailand was in my name.

The particular Lawyers have given me bad advice previously, so maybe again with this!
But I will add that if there is anyway that the Land Office is not satisfied with all the crosses and dots being correct, they will not process the registration. :cheers:
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Re: Exchange rates on foreign Condo purchase

Post by Dr Mike »

Thank you, I was thinking of buying a HOUSE, can I use the baht that I have saved from my salary earned in Thailand for this purchase.
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Re: Exchange rates on foreign Condo purchase

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Dr Mike wrote:Thank you, I was thinking of buying a HOUSE, can I use the baht that I have saved from my salary earned in Thailand for this purchase.
Yes, it's only the 49% 'foreign ownership quota' condominiums that this strange 'bringing foreign currency in' regulation applies. Houses the funds can be from any source, no need to show WP, tax receipts etc.

Nereus wrote:The legal advice that I was given is that the funds must be transferred into a Thai Bank account in the name of the foreigner wanting to register the Condo. The name of the "sender" is not accepted as being the foreigner then entiltled to use the funds to buy a Condo, unless the name is the same!
I just looked for an hour or so, and couldn't find any lawyer or personal experience on you-know-where that said the same, but obviously if that's the dvice some are giving, the O.P. needs to enquire for himself to be satisfied. But when you think about it, it seems a bit illogical to transfer over a staged payment from your home country, then come over to draw it out and pay the developer.

The majority of the better (imo only) lawyers sites/articles were not explicit enough, but a couple of the wellknown outfits did as screenshots below. But I think it's there already in the part of the condo act I posted earlier, it suddenely dawned on me when I realized that the underlined part is us, and our typical 'savings' passbook accounts. For the majority of us, ie: non-PR, our accounts are 'Non-Resident Baht' accounts, and we do not have 'residence' inside Thailand...

5) Aliens or juristic persons regarded by law as aliens who have brought foreign currency into the Kingdom, or withdraw money from Thai baht account of the person who have residence outside the Kingdom, or withdraw money from a foreign currency account.
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Re: Exchange rates on foreign Condo purchase

Post by Jimmy Canuck »

You guys have no idea how much I appreciate all the help, being a 'rookie' on here and seeing such huge response from so many hhexpat heavyweights..... Big Boy, thanks for wishing us well, and I will definitely let you all know how it went, hinging on lovable-thai-partner's consent to go ahead with this, as she is not yet 100% on-board, mostly worrying about the place being empty/unused for 10/11 month periods in the next 6 or 7 yrs b4 retirement kicks in a little more solidly. I think we could get some rentals going in the meantime though, for this top floor high-end Cha Am ocean view place.. I mean @ a reasonable price (15-18K?) there must be some demand?
Super Joe, thank you so much for all that.. very comprehensive, and yes I have spent many hours researching on the 'net, think I knew virtually all of that - with exception of part about maybe getting a Tor Tor 3 (called FET or FETS now by the way?) issued for amounts less than 20K $US. I have read that you can get some other certificate or paper from the banks for under 20K which will be acceptable to the Land Office, but that the orig cert may be attainable now for lower amounts is news to me... The deposit of around 6K $US would be the only part under the minimum. Have the rules on that been changed then? We have a joint bank acct here in Canada, names exactly as on purchase contract, so that part should be ok. Thanks again SJ.
Someone, I think was JohnnyK? suggested putting in just my name, etc, and I have to respond that we would not do that. Both our properties here in Van are joint, and she makes pretty much the same as me. Everything done equally with us.
hhfarang - I have some of the same views on lawyers as yourself, but have absorbed every iota of opinion on this topic and will re-think it a bit. I see it turning out after the fact that there were no big pitfalls, and that after the 64KBaht I might be kicking myself! but... different country 'n all, may be wise to have that insurance just in case. The contract, done as required by Thai law, seems very professional, and includes copies of Title on the lands beneath etc etc... 27 pages or so. Passport copies of partners in Development, every bit of construction material to be used, building permits........ But some of the posts have me thinking again on blowing that wad on outfitting the place or fattening C+F's retirement fund a little!
Many thanks to all who I have not mentioned here:) I am actually somewhat touched by the willing and friendly help, and feel I must now try and nudge my adorable accomplice toward approval of the project, so we can get to know you all a little better. Owe you all big time, will check-in again tomorrow for possible added input.
ps: it's still f#@king too cold here, in May even. few days ago snow just up the hill. miss thailand, with all it's pitfalls etc..
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Re: Exchange rates on foreign Condo purchase

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pps: when do i get my 1st chile???
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Re: Exchange rates on foreign Condo purchase

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Jimmy Canuck wrote:... she is not yet 100% on-board, mostly worrying about the place being empty/unused for 10/11 month periods in the next 6 or 7 yrs b4 retirement kicks in a little more solidly...
Jimmy, I own a real estate company for 18 years now, so I pretty much have seen it all. Let me give you one unsolicited advice: buy only what you can afford. If you can not afford to have your condo vacant than don't buy it. Any rental income should be just the gravy.
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Re: Exchange rates on foreign Condo purchase

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Jimmy Canuck wrote:pps: when do i get my 1st chile???
From memory, it's when you've made your 25th post
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Re: Exchange rates on foreign Condo purchase

Post by hhfarang »

Jimmy,

If too personal, then ignore this post, but why not marry legally the next time you are in Thailand. Then a Thai will with you as beneficiary of her 50% of the condo should work just fine. It sounds like you guys have been together a while and will remain so, so why not tie the knot (here). To my knowledge, common law marriage is not recognized here, but I could be wrong.
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Re: Exchange rates on foreign Condo purchase

Post by Jimmy Canuck »

hhfarang wrote:Jimmy,

If too personal, then ignore this post, but why not marry legally the next time you are in Thailand. Then a Thai will with you as beneficiary of her 50% of the condo should work just fine. It sounds like you guys have been together a while and will remain so, so why not tie the knot (here). To my knowledge, common law marriage is not recognized here, but I could be wrong.
Hi hhfarang. Sorry, been busy last few days, but no - not too personal, and an interesting idea that we will mull over... thanks much for advice, it is appreciated! jimmy
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Re: Exchange rates on foreign Condo purchase

Post by Jimmy Canuck »

TypicallyTropical wrote:
Jimmy Canuck wrote:... she is not yet 100% on-board, mostly worrying about the place being empty/unused for 10/11 month periods in the next 6 or 7 yrs b4 retirement kicks in a little more solidly...
Jimmy, I own a real estate company for 18 years now, so I pretty much have seen it all. Let me give you one unsolicited advice: buy only what you can afford. If you can not afford to have your condo vacant than don't buy it. Any rental income should be just the gravy.
Thanks TT, my sentiments exactly, and as the condo in Cha Am would represent aprox 12% only of our property investments, the potential rental income will be nice.. but would not jump into this if that income could make-or-break us. Good common sense advice though, appreciated. Jimmy
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Re: Exchange rates on foreign Condo purchase

Post by Mrock »

From one Canuck to another.

I exchanged my money through Canadianforex. I used another previously but the guy I dealt with left....so I did too!

They beat the banks by at least 1b on the exchange. The transfer fee is $0 if you transfer (wire) $10,000cad.
Very easy to do. Just go to there website and start an account. Then you deposit Canadian funds into you forex account via online banking. Just like you would pay your bills.
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Re: Exchange rates on foreign Condo purchase

Post by fft100 »

wrt developers, i think that if it is a large, established. listed developer such as Sansiri (who must have built hundreds of condos by now), then a lot less checks and caution are neccesary than if buying from a small developer (regardless of nationality) whose background is unclear.
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Re: Exchange rates on foreign Condo purchase

Post by Jimmy Canuck »

fft100 wrote:wrt developers, i think that if it is a large, established. listed developer such as Sansiri (who must have built hundreds of condos by now), then a lot less checks and caution are neccesary than if buying from a small developer (regardless of nationality) whose background is unclear.
Thanks, same as I was thinking exactly... my Thai/Canadian partner actually has a girlfriend (they go back 40+ yrs) who is now a loans mgr @ a major thai bank in BK, who looked into the company for us, and says they are very solid and a main partner is wealthy with lots of experience.
The only thing bothering me now is that the developers would normally register Title for us after Transfer of Title, saving us legal fees, but after very thorough research on my part I realize how precisely the process must done, especially as we would likely deal directly with the developer re transferring funds. The receipt for our small reserve deposit was done incorrectly... thinking again now of spending the money to use a local lawyer. We do have contact info now for their bank, so will ask them a few questions. Having the condo registered correctly, as freehold foreign ownership, is of the utmost importance, so if we have any doubts then it's off to C+F.
Thank you. Jimmy
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Re: Exchange rates on foreign Condo purchase

Post by Jimmy Canuck »

Mrock wrote:From one Canuck to another.

I exchanged my money through Canadianforex. I used another previously but the guy I dealt with left....so I did too!

They beat the banks by at least 1b on the exchange. The transfer fee is $0 if you transfer (wire) $10,000cad.
Very easy to do. Just go to there website and start an account. Then you deposit Canadian funds into you forex account via online banking. Just like you would pay your bills.
Ed
Thank you fellow Canuck, we will look into that. Vancouver Canucks semis series starts sun here, @5pm. Wonder if you also are on the west coast? Wonder if any of you guys in Thailand have channels that carry NHL playoff games! Or even care! Jimmy
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