Section Code: 0034 - 0037

The Land Development Act,
B.E. 2543 (2000)

Chapter III: Land Development Procedures

Section 34

An agreement to sell the developed land between the land developer and the purchaser of the developed land shall be in accordance with the form prescribed by the Central Land Development Commission.

Any part of the agreement to sell under paragraph one which is not in the form prescribed by the Central Land Development Commission and not favorable to the purchaser of the developed land shall not be given effect.

Section 35

In accepting from the purchaser of the developed land the payment of the price of the land or the payment of the debt under a preferential right on account of a sale of an immovable property or the debt under the mortgage, the recipient shall provide the purchaser of the developed land with a document in writing evidencing such payment signed by the recipient, and it shall be deemed that such document is the proof of payment of the price of the developed land.

Section 36

In the registration of rights and juristic acts with regard to a transfer of the developed land to the purchaser of the developed land under an agreement to sell the developed land, the land developed shall transfer the land to the purchaser of the developed land in a manner in which the land is free from a preferential right on account of a sale of an immovable property or from a mortgage thereon.

If the land developer fails to comply with paragraph one, the purchaser of the developed land has the right to pay the debt which is under the preferential right on account of the sale of the immovable property or the debt which is under the mortgage to the preferential right holder or the mortgagee. In this connection, such payment shall be deemed as part of the payment of the price to the land developer.

Section 37

When the purchaser of the developed land has made full payment of the price of the land under the agreement to sell, it shall be deemed that such land is discharged from all seizures or attachments. The purchaser of the developed land shall produce the document evidencing such payment together with the instrument evidencing the right in the land for the purpose of registering the rights and juristic acts under the agreement to sell with the competent official. Upon receipt such document and evidence, the competent official shall proceed with the registration of rights and juristic acts in favor of the purchaser of the developed land.

If the developed land under paragraph one is under a registered preferential right on account of a sale of an immovable property or a registered mortgage and there appears proof of full payment of the debt to which the preferential right or the mortgage relates, that land shall be free from the preferential right on account of the sale of the immovable property or from the mortgage thereon, and the competent official shall effect the registration of rights and juristic acts in favor of the purchaser of the developed land.

In the case where the purchaser of the developed land is unable to produce the instrument evidencing the right in the land to the competent official because it is held or possessed by other person, the competent official shall have the power to, upon request by the purchaser of the developed land, summon the instrument evidencing the right in the land from the person holding or possessing it for the purpose of proceeding with the registration of rights and juristic acts in favor of the purchaser of the developed land.

At the expiration of thirty days as from the date the person holding or possessing the instrument evidencing the right in the land received or is deemed to have received the notification of the order of the competent official under paragraph three, the competent official shall, if the instrument evidencing the right in the land has not yet been delivered to the competent official, have the power to issue a document in substitution for the instrument evidencing the right in the land for the purpose of proceeding with the registration of rights and juristic acts in favor of the purchaser of the developed land.