Seller liability for eviction in Thailand is the rule that makes a seller answer when a third party disturbs the buyer’s possession of the property sold. Under Section 475 of the Civil and Commercial Code, the seller is liable if a person disturbs the buyer’s peaceful possession because that person held a right over the property at the time of sale, or because of the seller’s own fault.
In this context, eviction means a third-party claim on the property sold. It does not mean the removal of a tenant. This guide takes Sections 475 to 482 in turn, for buyers and sellers of land, goods and equipment in Thailand.
What is seller liability for eviction in Thailand?
Seller liability for eviction in Thailand arises under Section 475 when a third party disturbs the buyer’s peaceful possession of the property. The seller answers for the result if that party held a right over the property at the time of sale, or if the seller was at fault.
The Code names this liability kan ron sit (การรอนสิทธิ). It forms Part 3 of the chapter on sale, in Sections 475 to 482. Part 2, in Sections 472 to 474, covers defects in the property itself, which our guide to seller liability for defects in Thailand explains.
When is the seller not liable for a third-party claim?
Section 476 removes the seller’s liability where the buyer already knew of the third party’s right at the time of sale. A buyer who bought with that knowledge cannot later hold the seller responsible for the disturbance that the right causes.
Section 480 adds a rule for land. If a court finds that immovable property is subject to a statutory easement (phara chamyon by law), the seller is not liable. The exception arises where the seller promised in the contract that the property was free of all easements, or of that easement.
- Section 476: the buyer knew of the third party’s right when the sale took place.
- Section 480: the land is subject to a statutory easement, unless the seller guaranteed in the contract that it was free of it.
How does the seller join a lawsuit over the property?
Under Section 477, a disturbance that becomes a lawsuit between the buyer and the third party lets the buyer ask the court to join the seller. The seller then sits in the case as a co-defendant or a co-plaintiff, so that the court decides all the disputes in one action.
Section 478 gives the seller a matching right. The seller may, if the seller thinks proper, intervene in the action to deny the third party’s claim. Joining the case therefore works in two directions: the buyer may call the seller in, and the seller may step in.
What losses does the seller answer for under Section 479?
Section 479 makes the seller liable in two cases. The first is where the property is lost to the buyer, wholly or in part, through eviction. The second is where the property is subject to a right that lowers its value or its fitness, convenience or benefit in use.
Both cases carry the same condition. The buyer must not have known of the problem at the time of sale. Consequently, the buyer’s knowledge at signing runs through Sections 476 and 479 alike.
What are the time limit and the seller’s defences?
Section 481 bars an eviction claim against the seller in two situations: where the seller was not a party to the original case, and where the buyer settled with the third party or yielded to the claim. The bar falls three months after the final judgment, the settlement or the day the buyer yielded.
Section 482 lists three cases in which the seller is not liable. In each case the buyer’s own conduct decides the outcome.
- No lawsuit was filed, and the seller proves that the buyer lost the right through the buyer’s own fault.
- The buyer did not call the seller into the case, and the seller proves that the buyer would have won had the seller been called.
- The seller joined the case, but the court dismissed the buyer’s claim because of the buyer’s own fault.
One rule overrides all three. If the court summoned the seller into the case and the seller refused to join as co-defendant or co-plaintiff, the seller stays liable in every event.
Seller liability for eviction in Thailand at a glance
| Question | Section | Rule |
|---|---|---|
| When is the seller liable? | 475 | A third party disturbs the buyer’s peaceful possession through a right held at the time of sale, or through the seller’s fault |
| Does the buyer’s knowledge matter? | 476 | The seller is not liable if the buyer knew of the third party’s right at the time of sale |
| Can the seller be joined to a lawsuit? | 477, 478 | The buyer may ask the court to join the seller; the seller may also intervene to deny the claim |
| What losses are covered? | 479 | Loss of the property in whole or in part, or a right that lowers its value, fitness, convenience or benefit, where the buyer did not know |
| What about a statutory easement on land? | 480 | No liability, unless the contract guarantees that the land is free of easements |
| Is there a time bar? | 481 | Three months from the final judgment, the settlement or the day the buyer yielded |
| When is the seller not liable? | 482 | The buyer’s own fault in three cases, unless the seller refused a court summons to join the case |
Section 483 allows the parties to agree that the seller is not liable for eviction, and Section 484 limits that clause. Our guide on seller liability for defects covers both sections. Sale at public auction is a separate route, which our guide to buying property at auction in Thailand describes. For the wider rules on time limits, see the guide to the statute of limitations in Thailand.
The full Thai text of these sections is available from the Office of the Council of State. The Royal Gazette publishes the Code and its amendments at ratchakitcha.soc.go.th. Sale and supply agreements form part of the work of our contract lawyers in Thailand.
Seller liability for eviction in Thailand: frequently asked questions
What does eviction mean in a Thai sale of property?
Is the seller liable if the buyer knew of the third party’s right?
Can the buyer call the seller into a lawsuit with the third party?
How long does the buyer have to sue the seller after settling with the third party?
Is the seller liable for a statutory easement on land?
Conclusion
Sections 475 to 482 set a clear frame: liability for a third-party disturbance, exemptions for a buyer who knew or who was at fault, joinder rights for both sides and a three-month bar in Section 481. Therefore, a buyer or seller should test a sale against these sections before completion, and before signing any clause that changes them.
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