Real Estate

Overview

Our real estate practice, which encompasses property due diligence, real estate development, and property ownership, assures our clients that their vested interests in property are fully maximized.

  • Property Due Diligence

    Real estate and property due diligence cannot be emphasized upon enough in terms of any acquisition or attachment of any form of interest or investment in land. The latest deed documents most often do not reveal the true state of the property in question and an effective due diligence is only means of elimination of risks.

    At Silk Legal our team of lawyers insulate risks by ascertaining title and ownership through detailed analysis of years of deeds. The exact amount of properties and the boundaries and parcels of land are analyzed to ensure that the clients are fully aware of the nature of property in question and it’s adjoining rights, beyond face value and physical inspection. It is of paramount importance to also ensure that the details laid out in deeds correspond to the records at the Land Office, that there are no liens or easements, the government permits are in order and no encroachments are made with neighboring properties.

    Our expert lawyers ensure safeguard our clients’ interests and reduce risk exposure by ensuring that the targeted property is in compliance with the relevant zoning laws, regulatory approvals and other government, commercial and / or environmental permits. Background search is carried out in exercise of the highest degree of care both on the targeted property and the background of existing owner to rule out of the possibility of any pending litigation, injunction or suits and that the property is clear of any liens, mortgages and third party interests, among others.

  • Environmental

    Thailand’s Pollution Control Department (PCD) under the Ministry of Natural Resources require compliance with a detailed set of environmental laws and guidelines. Combined with the population growth and concentration of resources, the need for adherence to such laws have become paramount in recent years.

    There are numerous projects that are being put to operation under recycling and reuse of waste products like refuse-derived fuel production, solar and clean energy reliance, environmental management etc. Aside from government and non-profit measures, many organizations in the context of their global operations and in light of climate change are adopting to more nature friendly and carbon free methods of production.

    At Silk Legal our lawyers are skilled at energy and environmental laws and possess the right legal acumen to advise clients on compliance and adoption of government policies. Our team at Silk Legal is highly experienced in assisting clients in complying with the relevant environmental codes and regulations, be it in the commercial or industrial sector.

    Our services include development of internal environmental policies, advice on abidance with government policies and legislation, project due diligence, health and safe regulations, factory building compliance and litigation associated with environmental regulations.

    With special emphasis on acquisitions and development, we work with our industrial partners, construction engineers and consultant to assess liability and environmental impact in terms of property acquisition and development.

  • Hotel and Hospitality

    Our representation includes all facets of hotel and hospitality law–from strategic planning, due diligence, structuring, negotiating and final consummation, to implementation and renegotiation.  Our experience enables us to provide first-class services to our clients in connection with their local and international investments and operations.

    We represent have represented the following stakeholders such as owners, developers, managers, lenders, franchisors and franchisees throughout Thailand and Internationally.  We know the Thailand marketplace and have extensive personal contacts throughout the hotel and hospitality industry in SE Asia.

    Silk Legal is able to provide a full hotel law and hospitality law expertise on a variety of transactions such as portfolio acquisitions and sales, opportunity identification, deal structuring and negotiation, due diligence, structured financing and taxation planning.

    In addition to the transactional side of the equation, we have an investor client base that includes corporate owners, private equity funds and high net worth individuals among others. Given the real estate-backed nature of the asset class, transactions in the sector regularly involve advanced financing solutions enabling clients to combine our structuring and tax advice with project management expertise.

  • Residential Property

    In Thailand the laws surrounding ownership, interest and attachment of rights to residential properties are complex. Silk Legal offers the best range of services to clients in understanding and exercising these rights pertaining to the properties.

    Residential property laws and conveyancing laws are regulated by statutes and often by administrative regulations. We help clients in grasping the full extent of the implications of such laws and making informed decisions. Often clients seek our advice not only on ownership or transfer or property but on management as well in accordance with law. We prepare the requisite drafts and agreements and advise on points of legal nuances surrounding such transactions on leases, tenancies, sublets, assignments and usufructs etc.

    Foreign ownership of condominiums, private properties and land are governed by complex laws in Thailand. The ownership rights and interests are not always apparent on surface and this is where we help our foreign clients in guiding through the legal maze. Our advice further extends to making clients aware of the adjoining rights and interests to residential properties be it in the form of encroachments or easements.

  • Real Estate Development

    Silk Legal offers a full range of services in construction, engineering and real estate development law. Our lawyers extremely are experienced in dealing with issues and disputes in this sector. Given the diversity of issues and parties involved, companies and businesses affiliated to this sector warrant the sound legal advice and representation. We advise on all the aspects of construction and real estate, provide assistance at every stage of a project and offer specialized service on financing, joint ventures and private public partnerships for both private and governmental projects. We provide the legal framework and requisite structure for entering into a project at every stage starting from approaching for the project be it a highway or elevated express construction and maintenance project or erection of condominium or commercial building.

    Our aim is to provide a shield for our clients to guarantee secured and beneficial investments. Construction, engineering and real estate projects generally involve a substantial amount of risk, expense and complexity. Silk Legal is a real estate law firm that offers services in areas that include but is not limited to acquisitions and disposals, construction, financing and tax. We provide our clients with initial advice, drafting of requisite documents, due diligence of the land, aiding in negotiations, dispensing opinions and entering into contracts in light of the applicable laws. We also help our clients in complying with the legislative and statutory requirements for corporations and guide in in the enlistment process with necessary government bodies.