Authored by the expert who managed and guided the team behind the Thailand Property Pack
Yes, the analysis of Koh Samui's property market is included in our pack
Buying property in Koh Samui as a foreigner in 2026 can be rewarding, but there are specific risks and scams that catch buyers off guard every year.
This article covers what you need to know about property ownership rules, common scams, grey-area practices, and real lessons from other foreign buyers in Koh Samui.
We constantly update this blog post to reflect the latest legal changes and enforcement trends.
And if you're planning to buy a property in this place, you may want to download our pack covering the real estate market in Koh Samui.
Fact-checked and reviewed by our local expert
Daniel Rouquette 🇫🇷
CEO & Co-Founder at Villa Finder
How risky is buying property in Koh Samui as a foreigner in 2026?
Can foreigners legally own properties in Koh Samui in 2026?
As of early 2026, foreigners in Koh Samui can legally own condominium units outright, but they cannot own land directly in their own name under Thai law.
For condos, the main restriction is the "49% foreign quota rule," which means that foreign buyers can only purchase units representing up to 49% of the total floor space in any given building, and the purchase funds must be transferred into Thailand from abroad in foreign currency.
Since land ownership is restricted, foreigners buying villas or houses in Koh Samui commonly use leasehold agreements (typically 30 years with renewal options) or, less safely, Thai company structures where a Thai-majority company holds the land title.
However, it is critical to understand that in 2024 and 2025, Thai authorities launched a major crackdown on nominee company structures on Koh Samui, which means using shell companies with fake Thai shareholders is now a high-risk strategy that can lead to criminal charges and property loss.
To put it simply: for Koh Samui in 2026, the safest path for foreigners is buying a registered condominium or securing a properly registered 30-year lease on a villa, and avoiding any "workaround" that relies on nominee Thai shareholders.
What buyer rights do foreigners actually have in Koh Samui in 2026?
As of early 2026, foreigners who own a registered condominium in Koh Samui have the same property rights as Thai owners for that unit, including the right to sell, rent, and transfer the property freely.
If a seller breaches a contract in Koh Samui, a foreign buyer can pursue legal action through Thai courts, and properly registered ownership or lease rights are generally enforceable, but the process can be slow and requires having airtight documentation.
The most common buyer right that foreigners mistakenly assume they have in Koh Samui is the automatic right to renew a 30-year lease, when in reality, renewal clauses are contractual promises and not guaranteed by Thai law, especially after a 2023 Supreme Court ruling that rejected automatic long-term extensions.
How strong is contract enforcement in Koh Samui right now?
Contract enforcement for real estate in Koh Samui is moderately reliable compared to Western countries like the UK or Germany, but slower and more dependent on having clean paperwork, with Thailand ranking in the mid-range globally on rule-of-law indicators according to the World Justice Project.
The main weakness in contract enforcement that foreigners should watch for in Koh Samui is that verbal promises and side agreements (such as "guaranteed" lease renewals or "we'll fix the permits later") are essentially unenforceable, so your protection only extends to what is actually written and registered in official documents.
By the way, we detail all the documents you need and what they mean in our property pack covering Koh Samui.
Buying real estate in Koh Samui can be risky
An increasing number of foreign investors are showing interest. However, 90% of them will make mistakes. Avoid the pitfalls with our comprehensive guide.
Which scams target foreign buyers in Koh Samui right now?
Are scams against foreigners common in Koh Samui right now?
Scams targeting foreigners in the Koh Samui property market are meaningfully more common than in highly regulated Western markets, primarily because much of the real estate brokerage ecosystem is less formally standardized and foreigners are more likely to accept ownership structures they do not fully understand.
The type of property transaction most frequently targeted by scammers in Koh Samui is the "freehold sea-view villa" deal, where foreign buyers are sold ownership through nominee company structures or promised permits that do not exist.
The profile of foreign buyer most commonly targeted in Koh Samui is someone who falls in love with the island lifestyle, wants to move quickly on an emotional purchase, and does not engage an independent Thai lawyer before signing anything.
The single biggest warning sign that a deal may be a scam in Koh Samui is when the seller or agent discourages you from hiring your own lawyer or from conducting independent checks at the Land Office or the Department of Business Development.
What are the top three scams foreigners face in Koh Samui right now?
The top three scams foreigners face when buying property in Koh Samui in 2026 are: (1) nominee company villa schemes where the ownership structure is illegal and can collapse, (2) illegal hillside builds marketed as "luxury sea-view villas" that lack proper permits, and (3) document manipulation where sellers misrepresent what is actually being sold or hide encumbrances.
The most common scam, the nominee company scheme, typically unfolds like this: an agent tells you "this is how everyone buys villas in Thailand," sets up a Thai company with nominee shareholders who are strangers to you, puts the land in that company's name, and when enforcement happens (as it increasingly does in Koh Samui since 2024), you lose control or face criminal liability.
The single most effective way to protect yourself from each of these three scams in Koh Samui is to hire your own independent Thai property lawyer who is not connected to the seller or agent, to insist on verification through the DBD DataWarehouse for any company structure, and to never pay money until official registry checks are completed by your lawyer.
We did some research and made this infographic to help you quickly compare rental yields of the major cities in Thailand versus those in neighboring countries. It provides a clear view of how this country positions itself as a real estate investment destination, which might interest you if you’re planning to invest there.
How do I verify the seller and ownership in Koh Samui without getting fooled?
How do I confirm the seller is the real owner in Koh Samui?
The standard verification process to confirm the seller is the real owner in Koh Samui involves having your Thai lawyer conduct an official search at the Land Office for condos or land, and at the DBD DataWarehouse if the property is held through a Thai company.
For condos, you should request a foreign quota confirmation from the condominium's juristic person and verify the seller's identity matches the ownership record; for company-held properties, pull the full company profile from the Department of Business Development showing directors, shareholders, and filing history.
The most common trick fake sellers use to appear legitimate in Koh Samui is presenting official-looking documents that are actually outdated, incomplete, or forged, and this is unfortunately not rare given the enforcement cases that have surfaced involving forged title deeds and unauthorized building permits.
Where do I check liens or mortgages on a property in Koh Samui?
The official place to check liens or mortgages on a property in Koh Samui is the competent Land Office handling the parcel, where your Thai lawyer can request an official extract or search certificate showing the property's current encumbrance status.
When checking for liens in Koh Samui, you should specifically request a title search showing all registered encumbrances including mortgages, servitudes, rights of way, and any court orders affecting the property.
The type of encumbrance most commonly missed by foreign buyers in Koh Samui is unregistered informal claims or disputes over access roads and boundaries, which do not appear on official records but can create real problems after you buy.
It's one of the aspects we cover in our our pack about the real estate market in Koh Samui.
How do I spot forged documents in Koh Samui right now?
The most common type of forged document used in Koh Samui property scams is a fake or altered land title deed (Chanote), and while outright forgeries are not extremely common, they do happen, particularly targeting foreigners who do not verify documents through official channels.
Specific red flags that indicate a document may be forged in Koh Samui include reluctance by the seller to allow Land Office verification, pressure to pay quickly before checks are done, inconsistencies in document details, and any payment request to a personal account rather than through a lawyer-controlled escrow.
The official verification method to authenticate documents in Koh Samui is to have your lawyer physically visit the Land Office and request a fresh title search, matching the current official record against the documents the seller has provided.
Get the full checklist for your due diligence in Koh Samui
Don't repeat the same mistakes others have made before you. Make sure everything is in order before signing your sales contract.
What "grey-area" practices should I watch for in Koh Samui?
What hidden costs surprise foreigners when buying a property in Koh Samui?
The three most common hidden costs foreigners overlook when buying property in Koh Samui are: transfer fees and taxes (around 5 to 7% of the property value, or roughly 500,000 to 700,000 THB / 14,000 to 20,000 USD / 13,000 to 18,500 EUR on a 10 million THB property), ongoing maintenance fees for managed villa estates, and unexpected costs related to utility connections and access roads on hillside properties.
The hidden cost most often deliberately concealed by sellers or agents in Koh Samui is the unclear allocation of who pays what at closing, and this sometimes happens when agents quote a "net price" without specifying that the buyer will also owe a significant share of transfer fees, which can add 1 to 3% to your total outlay.
If you want to go into more details, we also have a blog article detailing all the property taxes and fees in Koh Samui.
Are "cash under the table" requests common in Koh Samui right now?
Requests for "cash under the table" in Koh Samui property transactions still occur, though they have become less common as enforcement has tightened, and you may encounter offers for "cash discounts" or suggestions to declare a lower sale price than what you actually pay.
The typical reason sellers give for requesting undeclared cash payments in Koh Samui is to reduce the taxes and transfer fees calculated on the official sale price, which can represent a saving of several percent for both parties.
The legal risks foreigners face if they agree to an undeclared cash payment in Koh Samui include: a weakened paper trail that complicates future resale, potential tax and legal exposure if authorities cross-check audited accounts with Land Office data, and the risk that you cannot prove what you actually paid if a dispute arises.
Are side agreements used to bypass rules in Koh Samui right now?
Side agreements to bypass official rules are still used in Koh Samui property transactions, though enforcement attention has made them riskier than they were a few years ago.
The most common type of side agreement used to circumvent regulations in Koh Samui is the "nominee shareholder" arrangement, where informal agreements give a foreigner control over a Thai company that officially has Thai majority shareholders, but these arrangements are now a focus of police and government crackdowns.
The legal consequences foreigners face if a side agreement is discovered by Thai authorities in Koh Samui include potential loss of the property, criminal charges under the Land Code and Foreign Business Act, and the possibility that the Ministry of Interior can seize company assets if nominee structures are proven.
We made this infographic to show you how property prices in Thailand compare to other big cities across the region. It breaks down the average price per square meter in city centers, so you can see how cities stack up. It’s an easy way to spot where you might get the best value for your money. We hope you like it.
Can I trust real estate agents in Koh Samui in 2026?
Are real estate agents regulated in Koh Samui in 2026?
As of early 2026, real estate agents in Koh Samui operate in a less formally regulated environment than in countries like the UK, USA, or Australia, meaning there is no mandatory national licensing system that all agents must pass to practice.
A legitimate real estate agent in Koh Samui may hold a voluntary certification or belong to a professional association, but there is no single official license that guarantees competence or ethical standards the way there is in many Western countries.
Foreigners can verify an agent's reliability in Koh Samui by checking their track record through online reviews, asking for references from past foreign clients, and most importantly, by ensuring that any agent they work with is comfortable having all transactions reviewed by an independent Thai lawyer.
Please note that we have a list of contacts for you in our property pack about Koh Samui.
What agent fee percentage is normal in Koh Samui in 2026?
As of early 2026, the normal agent fee percentage in Koh Samui is around 3% to 5% of the sale price, which is typical for the broader Thailand market.
This 3% to 5% range covers most transactions in Koh Samui, though luxury properties or complex deals can sometimes involve different arrangements.
In Koh Samui, the agent fee is typically paid by the seller rather than the buyer, but you should always get this in writing early, especially if anyone asks you as the buyer to pay a separate "finder's fee" or "service charge" on top of the property price.
Get the full checklist for your due diligence in Koh Samui
Don't repeat the same mistakes others have made before you. Make sure everything is in order before signing your sales contract.
What due diligence actually prevents disasters in Koh Samui?
What structural inspection is standard in Koh Samui right now?
The standard structural inspection process in Koh Samui involves hiring an independent building inspector (not the seller's contractor) to examine the property before you commit to buying.
A qualified inspector in Koh Samui should check the roof and waterproofing, electrical systems, plumbing, foundation and structural integrity, and for hillside properties, slope stability and retaining walls.
The type of professional qualified to perform structural inspections in Koh Samui is a licensed engineer or experienced building inspector with knowledge of local construction standards and tropical climate issues.
The most common structural issues that inspections reveal in Koh Samui properties are water intrusion and mold damage (due to monsoon rains and sea air), substandard electrical work, and drainage problems that cause flooding on lower plots or hillside erosion.
How do I confirm exact boundaries in Koh Samui?
The standard process for confirming exact property boundaries in Koh Samui involves two steps: a registry-based verification at the Land Office showing the official recorded boundaries, and an independent on-the-ground survey to confirm the physical reality matches the documents.
The official document showing legal boundaries of a property in Koh Samui is the title deed (Chanote or Nor Sor Sam Gor), which includes a map and coordinates registered with the Land Department.
The most common boundary dispute that affects foreign buyers in Koh Samui involves access roads and shared driveways, where what appears to be "your road" turns out to cross a neighbor's land or has no registered right of way.
The professional you should hire to physically verify boundaries on the ground in Koh Samui is a licensed surveyor who can compare GPS measurements with the registered plot and identify any discrepancies or encroachments.
What defects are commonly hidden in Koh Samui right now?
The top three defects that sellers commonly conceal from buyers in Koh Samui are: water intrusion and mold (common due to tropical humidity), substandard electrical wiring that does not meet code (sometimes happens), and drainage or slope stability issues on hillside properties (common in sea-view developments).
The inspection technique that helps uncover hidden defects in Koh Samui is a combination of moisture detection tools for walls and ceilings, electrical testing equipment, and a thorough visual inspection during or shortly after rainy weather to see how the property handles water.
We have made this infographic to give you a quick and clear snapshot of the property market in Thailand. It highlights key facts like rental prices, yields, and property costs both in city centers and outside, so you can easily compare opportunities. We’ve done some research and also included useful insights about the country’s economy, like GDP, population, and interest rates, to help you understand the bigger picture.
What insider lessons do foreigners share after buying in Koh Samui?
What do foreigners say they did wrong in Koh Samui right now?
The most common mistake foreigners say they made when buying property in Koh Samui is trusting the agent or seller too much and not hiring their own independent Thai lawyer before signing anything or paying deposits.
The top three regrets foreigners most frequently mention after buying in Koh Samui are: believing "everyone uses nominees" without understanding the enforcement risk, assuming a beautiful sea-view location meant a good investment without checking permit and land-use legality, and letting the agent control the money flow and document selection instead of using a lawyer-managed process.
The single piece of advice experienced foreign buyers most often give to newcomers in Koh Samui is this: only trust what can be verified through official records and registered documents, never a verbal promise, never a side letter, never "this is how it's done on Samui."
The mistake foreigners say cost them the most money or caused the most stress in Koh Samui was buying through a nominee company structure, because when enforcement came, they lost control of the property or faced criminal liability, sometimes losing their entire investment.
What do locals do differently when buying in Koh Samui right now?
The key difference in how locals approach buying property in Koh Samui compared to foreigners is that Thais focus almost entirely on what can actually be registered and transferred cleanly at the Land Office, rather than on verbal promises, beautiful views, or "potential" that requires future permits.
A verification step locals routinely take that foreigners often skip in Koh Samui is checking informally with neighbors and local officials about any history of land disputes, building complaints, or access road issues before making an offer, which provides context that does not appear on official documents.
The local knowledge that helps Thais get better deals in Koh Samui is their network of personal connections to local officials, lawyers, and longtime residents who can quickly flag if a property or seller has a bad reputation, allowing them to walk away early rather than discovering problems after paying.
Don't buy the wrong property, in the wrong area of Koh Samui
Buying real estate is a significant investment. Don't rely solely on your intuition. Gather the right information to make the best decision.
What sources have we used to write this blog article?
Whether it's in our blog articles or the market analyses included in our property pack about Koh Samui, we always rely on the strongest methodology we can ... and we don't throw out numbers at random.
We also aim to be fully transparent, so below we've listed the authoritative sources we used, and explained how we used them and the methods behind our estimates.
| Source | Why it's authoritative | How we used it |
|---|---|---|
| Thailand Government Portal | Official Thai government site explaining foreign condo ownership rules. | We used it to anchor what foreigners can legally own in Thailand. We treated it as the baseline "government version" of ownership rules. |
| Department of Business Development (DBD) | Official registrar for Thai companies and business filings. | We used it to build verification checklists for company structures. We direct buyers here to check shareholder and director information. |
| DBD DataWarehouse+ | Official portal for public company and financial verification. | We used it to operationalize "trust but verify" for company-held properties. We recommend buyers check seller companies here. |
| World Justice Project | Respected global rule-of-law benchmark using surveys and expert data. | We used it to frame contract enforcement reliability in Thailand. We compared Thailand's position to other countries for context. |
| Transparency International | Publisher of the global Corruption Perceptions Index. | We used it to explain why extra verification matters in Thailand. We provided context, not accusations about specific people. |
| Khaosod English | Recognized English-language Thai news outlet covering enforcement cases. | We used it for Koh Samui-specific scam examples and enforcement actions. We grounded our "scams" section in real documented cases. |
| AustCham Thailand | Reputable chamber of commerce providing compliance guidance. | We used it to corroborate that nominee enforcement is real and active. We explained why "everyone does it" is not a safe strategy. |
| RE/MAX Thailand | Major international brokerage with Thailand market explainers. | We used it to estimate typical agent commission ranges. We translated it into practical advice on fee negotiation. |
| Office of the Consumer Protection Board (OCPB) | Thailand's official consumer-protection agency. | We used it to show foreigners what formal complaint channels exist. We referenced it as a recourse pathway for deceptive practices. |
| Bank of Thailand (BOT) | Thailand's central bank with official housing market indicators. | We used it to describe market conditions with methodology-backed data. We avoided anecdotal price claims by anchoring to official stats. |
We created this infographic to give you a simple idea of how much it costs to buy property in different parts of Thailand. As you can see, it breaks down price ranges and property types for popular cities in the country. We hope this makes it easier to explore your options and understand the market.