Khai fak, a sale with a right of redemption, is widely used in Thailand to raise money against land or a house, and it is easy to misread. Ownership passes to the buyer on the day of registration, and the seller keeps only a time-limited right to buy the property back. This guide sets out the Civil and Commercial Code rules, the redemption periods and price cap, and the 2019 Act that protects people who sell a home or farmland this way, from the legal texts read on 14 November 2026.
A khai fak looks like a secured loan from a distance: an owner needs money, signs the property over and gets it back by paying a higher price later. In law it is a sale. The buyer becomes the owner at once, and the seller holds a right to redeem that expires on a fixed date. The table gives the position on each point, with the provision it comes from.
| Question | Position | Basis |
|---|---|---|
| What khai fak is | A sale in which ownership passes to the buyer, with an agreement that the seller can redeem the property | Civil and Commercial Code s.491 |
| Longest redemption period | Ten years for immovable property, three years for movable property; a longer period in the contract is cut down | Code ss.494 and 495 |
| Shortest period for a home or farmland | One year; a shorter period is treated as one year | 2019 Act s.10 |
| Cap on the redemption price | The real sale price plus fifteen percent a year | Code s.499; 2019 Act s.8 |
| Form for a home or farmland | In writing and registered with the competent official, or the sale is void | 2019 Act s.7 |
| Who uses the property during the term | For a home or farmland, the seller, without paying the buyer | 2019 Act s.12 |
| Notice before the deadline | The buyer must write to the seller three to six months before the due date | 2019 Act s.17 |
| A buyer who will not take the money | The seller can pay the redemption money into a deposit office or a land office | Code s.492; 2019 Act s.18 |
| Missing the deadline | The right to redeem ends and the property stays with the buyer | Code s.494; 2019 Act s.19 |
| Where a dispute goes | For a home or farmland, a consumer case with the seller as the consumer | 2019 Act s.11 |
“Code” is the Civil and Commercial Code, sections 491 to 502. “2019 Act” is the Act on Protection of People in Sale with Right of Redemption of Agricultural Land or Residential Property B.E. 2562, read in Thai on 14 November 2026. English wording on this page is our own rendering, not an official translation.
Khai fak is registered at the land office against the title deed, so it helps to know how Thai titles work first. Our guide to Thai title deeds and the Chanote explains the documents, and our guide to the Thai land office explains where registrations are made.

The single most important fact about khai fak is in the definition. Section 491 of the Civil and Commercial Code calls it a contract of sale whereby the ownership of the property sold passes to the buyer, subject to an agreement that the seller can redeem that property. Everything else follows from the word ownership.
The Department of Lands makes the same point to the public. An explainer published by the Trat Provincial Land Office on 3 August 2026 says many people believe khai fak is like pawning land, when in fact ownership is transferred to the buyer immediately and the seller keeps only the right to redeem within the period set by the law or the contract. Its closing summary is blunt: khai fak is not a loan and not a mortgage.
| Point | Khai fak | A mortgage, in outline |
|---|---|---|
| Who owns the property during the term | The buyer, from the day of the sale (Code s.491) | The borrower stays the owner and the lender holds security |
| What the seller or borrower holds | A right to redeem within a fixed period | Ownership, subject to the lender's security |
| If the money is not paid in time | The right to redeem ends and the property stays with the buyer | The lender has to enforce the security |
| Longest term for land | Ten years (Code s.494) | Not covered in this guide |
| Price of getting the property back | Capped at the real sale price plus fifteen percent a year (Code s.499) | Not covered in this guide |
The khai fak column is taken from the provisions read for this guide. The mortgage column is a plain-language outline for contrast only; no mortgage provision was read for this guide, so no section number or figure is given for it.
That difference is why khai fak is treated with caution. A seller who is a day late does not face a negotiation or an enforcement process. Under section 494 the right of redemption simply cannot be exercised after the period has passed, and the Trat land office warns that once the deadline goes by without redemption the buyer holds the property outright and the seller can no longer claim it back.
For the financing routes that are open to a foreign buyer, which work very differently, see our guide to mortgages for foreigners in Thailand. If you are buying a property and want to know whether a khai fak or any other registration sits on the title, our guide to title deed encumbrance checks covers what to look for.

The Code rules assume two parties of equal strength. Parliament decided in 2019 that this did not describe most khai fak deals. The note of reasons printed at the end of the Act says the Code provisions rest on freedom of contract between private parties of equal standing, but that in sales of farmland and homes, which many people use to reach funding, sellers have less bargaining power than buyers and can suffer from losing the land they work or live on.
The result is the Act on Protection of People in Sale with Right of Redemption of Agricultural Land or Residential Property B.E. 2562, given on 15 April 2019. Section 2 brought it into force on the day after its publication in the Royal Gazette, with one part of section 18, the option to pay redemption money into a land office, starting 180 days after publication.
| Term | Definition in section 4 | In practice |
|---|---|---|
| Seller | A natural person who is the seller under a khai fak of agricultural land or a residence, or a person to whom the right of redemption has been transferred | A company that sells under khai fak is outside the Act and stays under the Code alone |
| Buyer | The buyer under the contract, the heir of the original buyer, or a person to whom the property has been transferred | The duties follow the property to whoever holds it |
| Agriculture | Agriculture as defined in the law on the lease of land for agriculture | The Act borrows the meaning from that law; this guide did not read it |
| Residence | A building or structure, or land, or both, used as a residence or in connection with living there, whether or not it is also used as a place of business | A shophouse that is also a home fits the wording |
Definitions from section 4 of the 2019 Act. The right-hand column is our plain-language reading.
Section 6 then closes the usual escape routes. Three parts of it matter to anyone reading a draft contract.
Section 9 deals with deals dressed up as something else. A sale of agricultural land or a residence that carries a condition to sell back, a promise to sell, an agreement to sell back or a similar condition is treated as a khai fak under the Act. A buy-back side letter does not take the deal outside the protections.
The definition of residence speaks of a building or structure, or land, used for living. It does not name condominium units, and no ruling on the point was read for this guide. A seller of a condominium unit under khai fak should take advice on whether the 2019 Act applies; the Code rules apply to any khai fak either way.
The Act sits beside a second protective layer. The Unfair Contract Terms Act lists sale with right of redemption among the contracts it reaches, so a court can cut back a term that gives the redemption buyer an unreasonable advantage. Our guide to unfair contract terms in Thailand explains that test.

Two numbers define a khai fak: the date by which the seller must redeem, and the amount the seller must pay to do it. The law limits both.
| Rule | Any khai fak (the Code) | Home or farmland sold by an individual (the 2019 Act) |
|---|---|---|
| Longest period | Ten years for immovable property, three years for movable property (s.494) | Ten years (s.10) |
| Shortest period | No minimum in sections 491 to 502 | One year; a shorter period is treated as one year (s.10) |
| A period that is too long | Reduced to ten years or three years (s.495) | Treated as ten years (s.10) |
| Extension | Allowed by contract, with written evidence signed by the buyer; the total cannot pass the legal maximum (s.496) | Allowed; the extension and the original period together cannot exceed ten years (s.10) |
| Redeeming early | Not addressed in sections 491 to 502 | The seller has the right to redeem before the due date (s.10) |
| Price where none is stated | The price of the sale (s.499) | The contract must state the redemption amount (s.8) |
| Cap on the price | Real sale price plus fifteen percent a year (s.499) | Counted as interest, not more than fifteen percent a year from the sale date to the due date (s.8) |
Section numbers in the middle column are from the Civil and Commercial Code; those in the right-hand column are from the 2019 Act.
Counting the days. The Trat land office explains that the period starts on the day after the contract date. Its example: a one-year khai fak made on 24 October 2023 falls due on 24 October 2024. Its advice is not to wait for the last day, because something can go wrong with the paperwork.
Extending the period. Section 496 of the Code allows the parties to extend the redemption period by contract. The extension needs at least written evidence signed by the buyer, and where the property is one whose sale must be in writing and registered, such as land, the extension cannot be raised against a third party who acquired and registered a right for value and in good faith unless the extension itself was registered or recorded with the competent official. The Trat land office gives sellers a three-point checklist: put it in writing, get the buyer to sign, and register it with the official before the due date.
The fifteen percent ceiling. Section 499 of the Code looks at the real sale price, meaning the money that actually changed hands. If, at the time of redemption, the redemption price or the sale price written in the contract turns out to be higher than the real sale price by more than fifteen percent a year, the seller redeems at the real price plus fifteen percent a year. Writing an inflated sale price into the contract does not get around the cap.
Payments along the way count. For homes and farmland, section 8 of the 2019 Act adds that whatever the contract says, any money, property or other benefit that can be valued in money which the buyer receives from the seller because of the khai fak is treated as part of the redemption price already paid. That covers the monthly sums some buyers collect during the term.
Redeeming early. Under section 10 of the 2019 Act, where the seller redeems before the due date and the redemption amount is above the sale price, the part above the sale price is reduced in proportion to the time saved. The buyer may claim compensation for the lost opportunity of not more than two percent a year of the sale price, counted over the time that was left.
Suppose a house is sold under khai fak for a real price of 1,000,000 baht with a two-year period. Reading the cap as simple interest, the redemption amount could be set at up to 1,300,000 baht: the price plus fifteen percent for each of two years. If the seller redeems after exactly one year, half of the period has been saved, so the 300,000 baht margin is halved to 150,000 baht and the seller pays 1,150,000 baht. The buyer may ask for lost-opportunity compensation of up to two percent of 1,000,000 baht for the remaining year, which is 20,000 baht. These figures are ours, for illustration; the Act does not print an example, and simple interest is our reading of the cap.
The costs of the original sale that the buyer paid are a separate item. Section 500 of the Code says the person who redeems must reimburse them together with the redemption price, and bears the costs of the redemption as well. Land office fees and taxes are not set out in the texts read for this guide; our guide to property transfer fees in Thailand covers the charges on an ordinary transfer.

For a home or farmland sold by an individual, section 7 of the 2019 Act is strict: a khai fak that is not made in writing and registered with the competent official is void. When registering, the official must state clearly in the register whether the transaction is a khai fak of agricultural land or a khai fak of a residence.
Section 8 lists what the written contract must contain at a minimum.
The official has a duty to check that the contract contains every item. Section 8 also says that, whatever the case, nobody may argue that the contract is void because an item on the list is missing. The list protects the seller; it is not a trap for either side. The same section allows the Department of Lands to provide a printed form for khai fak contracts.
Two further rules bind the buyer for the whole term.
The right to redeem is an asset in its own right. Section 14 of the 2019 Act says it can be transferred by a legal act or pass to heirs, and the person who takes it takes the rights and the duties together. Sections 497 and 498 of the Code and section 15 of the Act set out who may redeem and against whom: the original seller, heirs or a transferee on one side, and the original buyer, the buyer's heirs or whoever has taken a transfer of the property on the other. On transfer day itself, our property transfer day checklist lists what to bring to the land office.

Because the buyer is the owner, an ordinary khai fak under the Code leaves the question of who lives in or farms the property to the contract. The 2019 Act answers it for homes and farmland, in the seller's favor.
Section 12 gives the seller the right to possess, use and take the benefits of the property, for farming or for living in, until the day the right of redemption ends, without paying anything to the buyer. Whatever the property yields during the term belongs to the seller. In return the seller must keep and preserve the property as a prudent person would keep their own.
Section 13 covers other people using the property.
| Situation | Rule in section 13 | Who receives the payment |
|---|---|---|
| Someone was already using the property for farming or living on the day of the sale | The khai fak does not affect that person's rights | The seller |
| During the term, the parties agree in writing that the seller may let someone else use it | Allowed, for farming or residential use | The seller or the buyer, as the agreement says |
| During the term, there is no such agreement | The seller may still let someone else use it for farming or living | The buyer |
| The period ends and the property is not redeemed | The other person's rights end | Not applicable |
Section 13 of the 2019 Act. Under section 8, payment the buyer receives from such use counts toward the redemption price.
The Code has its own rule for a lease granted by the buyer. Under section 502 the person who redeems takes the property back free of any rights the buyer, or the buyer's heirs or transferees, created before redemption. A registered lease of the property made during the khai fak, if it was not made to harm the seller, stays valid for the rest of its term but for no more than one year.
A tenant in a property that is under khai fak is therefore in a different position from a tenant whose landlord simply sells. Our guide to what happens when a landlord sells a rented property sets out the ordinary rule for comparison.

Redemption is simple when both sides cooperate: the seller pays the redemption price within the period and the land office registers the redemption. Section 492 of the Code says ownership vests in the person who redeems from the time of payment. The law also plans for a buyer who is slow, absent or unwilling.
The Trat land office describes the situations in which the deposit route is used: the buyer cannot be contacted, the buyer avoids the seller, or the buyer refuses to accept the money. In each case its advice is to place the money as the law provides in order to keep the right to redeem.
Section 10 of the 2019 Act says that where money is deposited, the person depositing must place the redemption amount stated in the contract. That does not stop either side from claiming afterward the reduction for early redemption or the lost-opportunity compensation. A seller who deposits less than the contract figure because of a dispute over the amount risks an argument that the property was not redeemed.
When the property comes back, section 501 of the Code says it is returned in the condition it is in at the time of redemption, and a buyer whose fault destroyed or damaged it must pay compensation.

If the period, including any extension under the law, passes without redemption, the seller's right ends. There is no auction and no surplus returned to the seller, because the buyer has owned the property since the day of the sale. This is the outcome the Trat land office warns about when it says the buyer then holds the right in the land completely.
For homes and farmland, section 19 of the 2019 Act sets out the handover.
A seller who stays in the property after the right has ended is occupying a home that belongs to someone else. Our guide to eviction in Thailand explains the court process an owner has to use to recover possession.
Where the two sides disagree about whether the property was redeemed, how much was owed or whether notice was given, section 11 of the 2019 Act sends the dispute down the consumer case track and treats the seller as the consumer. Our guide to small claims court in Thailand describes how consumer cases are run, and our guide to consumer complaints in Thailand covers the agency route.

Most khai fak problems are visible on the day the contract is signed. The steps below follow from the provisions above.
If you are the seller
If you are the buyer
Section 20 keeps a khai fak of a home or farmland that was made before the Act, and had not yet fallen due, under the law in force when it was signed, with four exceptions: the seller's rights of possession and use under sections 12 and 13 where the seller was already in occupation, the ban on new encumbrances in section 16, the notice duty in section 17, and the redemption and deposit rules in section 18 for a redemption made after the Act started.
The 2019 Act was read in its Royal Gazette print in the copy kept by the Office of the Attorney General; this guide did not check whether any section has been amended since. The Civil and Commercial Code sections were read in an unofficial English translation and a private Thai reprint, not on a government host. No court decision was read, so the page says what the texts provide and not how judges have applied them. Land office fees and taxes on a khai fak and on a redemption are not covered. The worked example uses invented figures. Whether a condominium unit is a residence under the Act is left open.
A khai fak is a transaction to take advice on before signing, on either side. Our guide to hiring a lawyer in Thailand covers how to find one, and our guide to the buying process shows how an ordinary purchase runs for comparison.

Khai fak is a sale with a right of redemption. Section 491 of the Civil and Commercial Code defines it as a contract of sale in which ownership of the property passes to the buyer, subject to an agreement that the seller can redeem the property. The seller receives the price now and keeps a time-limited right to buy the property back.
No. The Department of Lands office in Trat put it plainly in an explainer dated 3 August 2026: khai fak is not a loan or a mortgage, because ownership passes to the buyer immediately. If the seller does not redeem in time, ownership stays with the buyer and the seller loses the right to get the property back. No court sale is involved.
Under section 494 of the Civil and Commercial Code the right cannot be used later than ten years after the sale for immovable property and three years for movable property. For farmland and homes sold by an individual, section 10 of the 2019 Act also sets a floor: the period cannot be shorter than one year, and a shorter period is treated as one year.
Yes. Under section 499 of the Code, a stated price that is higher than the real sale price by more than fifteen percent a year is cut back to the real price plus fifteen percent a year. For farmland and homes, section 8 of the 2019 Act says the redemption amount, counted as interest from the sale date to the due date, must not exceed fifteen percent a year.
Yes, by agreement, as long as the total stays within the legal maximum. Section 496 of the Code requires at least written evidence signed by the buyer, and for land the extension must be registered to hold against a third party. The Trat land office tells sellers to register the extension before the due date and warns that a spoken agreement is not enough.
For a home or farmland sold by an individual, yes. Section 12 of the 2019 Act gives the seller the right to possess and use the property for living or farming until the right of redemption ends, without paying the buyer anything for it. The seller must look after the property as a careful person would look after their own.
For farmland and homes, yes. Section 17 of the 2019 Act requires the buyer to send a written notice by registered post with acknowledgment of receipt, not less than three months and not more than six months before the due date, stating the due date and the amount, with a copy of the contract. If the buyer does not, the seller may redeem within six months after the due date.
The seller can pay the redemption money into a deposit office, or under section 18 of the 2019 Act into the provincial land office or the land office that registered the sale, giving up the right to withdraw it. Ownership returns to the seller from the time of the deposit. Where the seller is blocked through no fault of their own, the deposit can be made within thirty days after the due date.
For farmland and homes sold by an individual, section 7 of the 2019 Act says a sale with right of redemption that is not made in writing and registered with the competent official is void. The official must also record in the register that the sale is a khai fak of agricultural land or of a residence.
For farmland and homes, yes. Section 9 of the 2019 Act says a sale of agricultural land or a residence with a condition to sell back, a promise to sell or an agreement to sell back, or a similar condition, is treated as a sale with right of redemption under the Act. Renaming the deal does not remove the protections.
Section 11 of the 2019 Act makes a dispute arising from a khai fak of farmland or a home a consumer case under the consumer case procedure law, and treats the seller as the consumer. The Unfair Contract Terms Act B.E. 2540 separately lets a court cut back a term that gives the buyer in a redemption sale an unreasonable advantage.
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General information only, not legal or financial advice. The sections of the Act on Protection of People in Sale with Right of Redemption of Agricultural Land or Residential Property B.E. 2562 are from its Royal Gazette print in the copy kept by the Office of the Attorney General, read in Thai on 14 November 2026; later amendments, if any, were not checked. Civil and Commercial Code sections 491 to 502 are from an unofficial English translation and a private Thai reprint. The Department of Lands statements are from an explainer of the Trat Provincial Land Office dated 3 August 2026. English wording is our own rendering. The worked example uses invented figures. Take advice from a Thai lawyer on your own contract before acting.
Official primary sources are listed above with the date we last checked them. Thai rules, fees, thresholds and procedures change and can be applied differently by individual offices and embassies — confirm the current requirement with the responsible authority before relying on it. General information only, not legal, tax or medical advice. BAANLYY never takes paid placement in editorial content.