What to check before signing a reservation agreement

A reservation agreement (also called a booking agreement) is often the first step when buying a condo, house, or villa in Thailand. It holds the unit for you while the full Sales and Purchase Agreement (SPA) is being prepared.

But before signing, itโ€™s crucial to review the fine print to protect your rights and your money.


๐Ÿ“„ What Is a Reservation Agreement?

Itโ€™s a short contract between you (the buyer) and the seller (or developer) to:

  • Reserve the property for a limited period (usually 15โ€“30 days)
  • Secure your intent to buy with a booking deposit (commonly 50,000โ€“150,000 THB)

โš ๏ธ In most cases, the deposit is non-refundable.


๐Ÿ” Key Points to Check Before Signing

1. โœ… Correct Property Details

Check ThisWhy It Matters
Unit number, size (sq.m.), floor, viewEnsures you’re reserving the exact unit you want
Land or title deed number (for houses)Confirms legal ownership and location

2. ๐Ÿ’ธ Deposit Terms

Check ThisWhy It Matters
Amount of depositAvoid surprises โ€“ some developers ask for more than expected
RefundabilityMost deposits are non-refundable unless the developer fails their obligations
Payment methods acceptedWire transfer, Thai bank account, cash, etc.

3. ๐Ÿ•’ Reservation Period

Check ThisWhy It Matters
Timeframe to sign the Sales & Purchase AgreementTypically 15โ€“30 days; delays may result in losing your deposit
Extension optionsSome developers allow extensions upon request (in writing)

4. ๐Ÿ› ๏ธ Developer/Seller Obligations

Check ThisWhy It Matters
Unit must be removed from the marketEnsures no one else can reserve it during the booking period
Title check or due diligenceThe developer may agree to let you verify ownership or title before SPA signing

5. โš–๏ธ Legal Ownership & Foreign Quota (for condos)

Check ThisWhy It Matters
Unit is within the 49% foreign ownership quotaForeigners can only own 49% of total sellable condo area
Unit is free from liens or mortgagePrevents legal headaches during transfer

6. ๐Ÿ–‹๏ธ Sales & Purchase Agreement Timeline

Check ThisWhy It Matters
SPA delivery dateShould be stated clearly
SPA signing deadlineTypically within 30 days of reservation signing
What happens if either party defaultsEnsures both sides are protected legally

7. ๐Ÿ›‘ Exit or Cancellation Clauses

Check ThisWhy It Matters
Is there a โ€œcooling-offโ€ period?Rare, but sometimes offered (7โ€“14 days to cancel)
Under what conditions is refund allowed?Breach by seller/developer may entitle you to full refund

8. ๐Ÿ‘จโ€โš–๏ธ Language & Legal Review

Check ThisWhy It Matters
Is the contract in English and Thai?Thai version prevails in court โ€” ensure it matches the English version
Has it been reviewed by a property lawyer?Strongly recommended before signing or paying any deposit

๐Ÿ“Œ Quick Checklist Summary

โœ… Before Signing, Confirmโ€ฆ
โœ” Correct property/unit details
โœ” Deposit amount and refund rules
โœ” Reservation period and deadline to sign SPA
โœ” Foreign quota eligibility (if buying condo)
โœ” Title deed or ownership status
โœ” SPA timeline and what happens if delayed
โœ” Exit clauses or breach-of-contract protection
โœ” Contract reviewed by a lawyer

๐Ÿ‘ฉโ€โš–๏ธ Pro Tip:

Even if itโ€™s โ€œjust a booking,โ€ the reservation agreement is legally binding in Thailand. Once signed, backing out often means losing your deposit โ€” so make sure everything is clear and correct before paying.

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