Power of Attorney: Tor Dor 21
You would normally have to be at the transfer however you can get an attorney to do this for you. In order to complete the transfer you will need to provide your property lawyer in Bangkok with a power of attorney. The power of attorney has to be in Thai and for the Land Office there is a very specific power of attorney that they will need.
The Land Office in Thailand requires that the power of attorney for property transfers requires the official Thai script land office power of attorney which is also known as the Tor Dor 21 form which is needed for certain transactions by the attorney on behalf of the buyer or seller. If the power of attorney from the Land Office is not used then they will not accept it. The standard form has a government seal on the top.
Drafting the Power of Attorney
- If the power of attorney is drafted and signed outside of Thailand then it needs to be done at an Embassy or Consulate or a public notary. Speak to an attorney about these requirements.
- The arrangement for the power of attorney in Thailand needs to be very specific such as buying a property, selling a property and which property you are delegating power for as well as for how long.
- Do not use two different colour inks in the power of attorney
- Any changes such as erasing words needs to be signed by everyone as well as a note made as to how many of these there are on the power of attorney
- Witnesses must sign and not thumbprint and there would normally be two witnesses.
Details of the Power of Attorney
The power of attorney needs to be very specific and this includes the property itself. On the government standard form the Tor Dor 21 you will need to know the following about the property that you are buying or selling: Section, Sub-district, Land no, Survey no., District as well as the Title Deed no.
The following sections describes the person who is buying or selling and then the agent. This includes your passport number, address, nationality as well as the name of your parents. This also has to be filled in by your lawyer in Thailand. You now have to describe what is being authorized by the wording: (Hereby empower to be my lawful and legal attorney for the purpose of …..) until this is terminated or completed. Speak to a property lawyer in Thailand as the form needs to be obtained from the Land Office as they will reject any other power of attorney for a property transfer. The power of attorney in Thailand is covered by the Civil and Commercial code which falls under the section of agency (TITLE XV).
Speak to a property lawyer in Thailand when buying or selling property in Thailand. The property market is not well regulated and you are best advice to have a due diligence done on any property to ensure that there is no loss on your investment when things go wrong. Litigation in Thailand can be very expensive and time consuming.
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