When the seller refuses to transfer: compulsory performance and a court judgment in place of the seller's signature

A seller signed the sale contract, took a deposit, then goes silent or refuses to attend the Land Office. Can the buyer force the transfer? In principle yes: CCC Section 213 lets a creditor demand compulsory performance from the court, and where the obligation is a juristic act, a judgment may stand in for the debtor's declaration of intention. Whether this is the right remedy, and how long it takes, depends heavily on the facts.

What the Code says

• Section 213 — compulsory performance — if a debtor fails to perform, the creditor may demand compulsory performance from the Court, unless the nature of the obligation does not permit it.
• Judgment in place of intention — where the obligation is to do a juristic act (such as consenting to a transfer), a judgment may be substituted for the debtor's declaration of intention. The creditor's damages claim is preserved.
• Section 214 — the creditor can satisfy the claim from the whole of the debtor's property.
• Sections 215 and 222 — damages for improper performance cover the loss that usually arises from non-performance, and more where special circumstances were foreseeable.

The routes a buyer has

• Compulsory performance — sue for an order that the transfer be completed. Practitioners describe a judgment of this kind as capable of being used to register the transfer without the seller's cooperation; confirm the exact Land Office procedure with a Thai lawyer.
• Rescission and refund — end the contract after the notice-and-cure steps in the sale and purchase agreement guide and recover what was paid.
• Damages — claimed alongside either route, subject to proof of loss.
• Interim protection — see freezing disputed property by court injunction to stop the seller selling to someone else mid-case.

Practical limits

• Compulsory transfer needs a transferable title. If the land is mortgaged, the seller is a foreign-held nominee company, or a third party has registered first, a judgment against the seller may not deliver the property; see double sales and good-faith buyers.
• Your own performance must be in order. Keep proof you paid on time and were ready to complete.
• Enforcement is a separate step. After judgment, a losing party is normally given a period to comply, and the winner can then apply to the execution court. One practitioner source cites a ten-year window to enforce a final judgment (Civil Procedure Code Section 198).
• Time bars apply — see limitation periods for property claims.
• Mediation first — many disputes settle; see property dispute mediation.

Litigation is the last resort, not a plan. Draft the SPA with clear completion dates, a registered-transfer deadline and a remedies clause, and keep every payment traceable, so that if a seller walks away you can choose between completion and rescission with evidence in hand.