DUENSING KIPPEN wins ground-breaking litigation case

DUENSING KIPPEN’s non-Thai/foreign client purchased a luxury (THB 21 M/USD 700,000) condominium unit at Naithon Beach on the Island of Phuket, Thailand on a long-term leasehold basis. The lease agreement included a “Freehold Option” clause, which is a common provision in such lease agreements due to the significant restrictions on foreign freehold ownership of land in Thailand. The Freehold Option would provide for the foreign lessee to receive freehold title to the condominium unit if and when such was legally available. Although a common clause in such long-term lease agreements to foreign purchasers in Thailand, the developer argued it was not enforceable. In what is perhaps the first actual test of such provision, DUENSING KIPPEN successfully represented its client in enforcement of this provision with the Thai court ordering the immediate transfer of the freehold title to the unit to DUENSING KIPPEN’s client.


Leave a Reply

Your email address will not be published. Required fields are marked *