Legal Guide Every Condo Resident Must Know After an Earthquake: Buyer – Renter – Agent – Who Is Responsible?

During the time of an earthquake,
many renters and buyers begin to ask,
if the building suffers damage,
what claims can be made?
Can they cancel the contract or claim compensation from someone?
Or must they bear the risk entirely by themselves?
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The truth is,
the right to make claims in such cases
is not straightforward
or easy to carry out,
especially when the event
is categorized as a “force majeure,”
such as an earthquake,
which happens beyond anyone’s control.
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In the case of a buyer,
even if the ownership was just recently transferred,
any damage occurring afterward
is immediately considered the buyer’s risk.
The civil and commercial code applied
does not specifically mention natural disasters,
but is interpreted through general principles,
such as whether the damage occurred before or after transfer,
and whether anyone neglected their duty or not.
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As for the renter,
even without ownership of the unit,
they still have the right to cancel the lease or deny rent payment
if they can prove
that the room is truly uninhabitable
and poses a safety risk to residents.
.

Another important difference
is the responsibility for repairs.
For renters,
the landlord is generally responsible.
But for buyers,
they may have to bear all costs
unless they can sue the seller for damages
in the case of withheld information.
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One thing many overlook
but can truly mitigate risk
is "insurance."
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Having property insurance
or even unit-specific coverage
can help reduce the burden when such events occur.
However, one must carefully check the policy terms,
as some plans do not cover natural disasters
or have specific exclusions
that might prevent claims.
.

Planning ahead to handle risks
should never be overlooked,
whether you are a buyer or a property developer.
.

The asset’s condition itself
is another factor worth rechecking,
especially after severe events.
A structural inspection by an engineer
should be arranged
to assess whether the unit or building
is still safe to use
before deciding whether to repair or terminate a contract.
.

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Today, let’s summarize the legal disputes,
legal frameworks, and practical actions
that condo residents must know
after an earthquake,
from the perspectives of owner – buyer/renter – agent.
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After the recent earthquake,
many condo residents,
or those looking to buy, rent, or lease out,
started asking:
If the unit or building is damaged,
can it be returned?
Can the contract be canceled?
What should be done with agents who already received their commission?
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The key is to first understand
that Thailand does not yet have specific laws for earthquakes.
We therefore rely on general laws like the Civil and Commercial Code
to interpret each scenario.
.

Buying Scenario

If you’re a buyer
and ownership has already been transferred,
you cannot return the unit.
Even if cracks appear afterward,
that alone does not automatically entitle you to cancel the deal.
.

Unless you can prove
that the damage or cracks
existed before purchase,
or that the project knew but concealed it,
only then might you be able to sue or claim refund.
.

But if the cracks appeared after the earthquake,
and the building was fine beforehand,
this often counts as force majeure,
so the seller cannot be blamed,
and refunds or contract cancellations cannot be enforced.
.

Another case is
if you’re still in the booking stage
or have not officially transferred yet,
you may delay the transfer,
request a structural check,
or renegotiate with the developer.
.

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Renting Scenario

Renters may have more rights in some respects,
since they’re not owners
but temporary users of space.
.

If an earthquake makes the unit unlivable,
such as heavy wall cracks, floor subsidence,
or structural threats to life,
the renter can request to terminate the lease.
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But!!!!! Evidence is essential.
It cannot be based solely on a #feeling of insecurity
as grounds for decision-making.
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Evidence may include
photos, engineer’s reports,
or official statements from the building juristic person confirming the issue.
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If such evidence exists,
the renter may terminate the lease,
or withhold rent during the uninhabitable period.
.

But without evidence,
or if it’s just minor superficial cracks,
known in English as Cosmetic Damage,
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The landlord has the right to deny termination.
And if the renter still chooses to move out,
the landlord may legally retain the security deposit as per contract.
.

Always check the signed rental agreement.
Some contracts include clauses on natural disasters.
If not,
negotiation or application of general law will be needed.
.

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Agent Commission Scenario

If you are a property owner
who already paid agent commission,
the question is:
If the deal falls through due to an earthquake,
can you request a refund from the agent?
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If the deal is completed,
such as a lease signed,
or ownership transferred,
the agent does not have to refund,
since their duty was fulfilled,
even if problems arise afterward.
.

But if the deal isn’t finalized,
the client hasn’t moved in or transferred yet,
or backs out due to discovered issues,
you must check the agreement with the agent
to see what was specified.
A full or partial refund
may depend on prior terms.
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If clearly stated:
“Commission is payable only when the deal is closed,”
and the deal collapses beforehand,
the owner may request a full refund,
or refuse to pay if not yet paid.
.

But if the deal was ready to close,
and the buyer was set to transfer,
but the owner backed out,
then the owner cannot claim the commission back,
since they are the one who canceled.
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In some cases,
agents receive commission from both buyer/tenant and owner.
If the deal falls through due to force majeure,
agents usually don’t refund,
unless there was a prior agreement
that such situations would trigger a refund.
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All of this is what condo residents—
owners, buyers, renters, or agents—
should clearly understand
before trusting viral posts
or social media advice
without credible references.
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If you understand the legal framework,
you’ll know how to protect your own rights
and avoid unnecessary time and financial losses.
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And in a world overwhelmed with information,
the real danger beyond physical damage
is “panic caused by misinformation.”
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Sharing posts or giving legal advice
without verified sources
can lead to poor decisions
causing renters or owners to lose rightful claims
or waste valuable time.
.

The responsibility to share accurate information
rests with the media,
the real estate community,
and agents alike.
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Not just for personal gain,
but for the overall stability of the system,
which relies on the public’s trust.
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Ultimately,
disasters are acts of nature,
and earthquakes are rare in Thailand.
They’re events no one wants to happen,
and no side is truly at fault.
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Having laws in place
serves as a decision-making guideline,
but above the law,
we must hold on to compassion,
and a sense of humanity.
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If we’re still able,
offering relief to the other party
so they can breathe
is the right thing to do.
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Real estate investment involves risks.
Natural disasters
are one of those risks
that property owners must acknowledge.
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Chasing security deposits from renters,
or demanding agent commissions back,
should be considered with full context
and thoughtful judgment.

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