Power of Attorney for Buying, Selling, and Mortgaging a Condominium
What Is a Power of Attorney for Buying, Selling, and Mortgaging a Condominium
A Power of Attorney for Buying, Selling, and Mortgaging a Condominium is a document by which the condominium owner or contracting party appoints another person to act on their behalf in purchasing, selling, or registering a mortgage over a condominium unit with the Land Office. This document does not itself transfer ownership or create a mortgage, but merely grants authority to act.
Legal Basis
Thai Civil and Commercial Code provisions on agency and power of attorney
Condominium Act B.E. 2522 (1979), as amended
Land Department regulations on power of attorney forms and registration procedures
Essential Contents
Details of the principal and attorney-in-fact
Condominium unit details
Scope of authority (buy, sell, mortgage)
Duration of authority
Signatures and witnesses
Stamp duty as required by law
Practical Requirements
Use the Land Department’s prescribed form
Signatures must be witnessed
If executed abroad, signatures must be certified by a Thai embassy or consulate
Authority is limited to the specified scope and period
Common Risks
Overly broad authority
Unclear scope
Expired power of attorney
Incorrect document format
Safe Practices
Clearly define limited authority
Specify validity period
Verify documents before submission
Revoke the power once completed
Key Takeaway
A condominium power of attorney is a legal instrument for representation only.
Ownership transfer or mortgage arises only upon official registration.
FAQ
Q1: Can ownership be transferred solely by a power of attorney?
A: No, registration with the Land Office is required.
Q2: Must the Land Department’s form be used?
A: Yes.
Q3: Can multiple authorities be granted in one document?
A: Yes, if clearly specified.
Q4: What if the principal is abroad?
A: Signature certification by a Thai embassy or consulate is required.
Q5: How long is a power of attorney valid?
A: As specified in the document.
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