Can I get a refund on a non-refundable condo deposit?

In many cases, yes — despite the label. Thai contract law looks beyond what the parties have called the payment and asks what it is, in substance, intended to do.

Under Sections 377–385 of the Civil and Commercial Code, a payment made on signing a contract is treated as either earnest money (มัดจำ) or a part-payment of the price. Earnest money is forfeit only if you breach the contract; if the seller breaches, you can recover double the earnest money under Section 378.

Grounds for recovering a “non-refundable” deposit include:

• Foreign quota exceeded — if the building’s 49% foreign cap is full and the seller cannot deliver clean title to a foreigner, that is the seller’s failure to perform, not yours.
• Material misrepresentation — promised view obstructed, square metres overstated, parking space not as described. The Consumer Protection Act B.E. 2522 (1979) and Section 159 CCC (fraud) both apply.
• Delay beyond contractual completion date — most off-plan SPAs allow termination if the developer is more than 12 months late. Read Clause “Force Majeure” carefully.
• Standard form clause held to be unfair — the Unfair Contract Terms Act B.E. 2540 (1997) allows courts to strike down or modify forfeiture clauses that are excessive.

Practical steps:

1. Put your demand in writing (Thai and English), sent by registered post or via the LINE Official Account of the developer. Keep proof of delivery.
2. If ignored, file a complaint with the Office of the Consumer Protection Board (สำนักงานคณะกรรมการคุ้มครองผู้บริโภค / OCPB) — free service, often produces a refund without court action.
3. If the dispute is over THB 300,000, consider filing in the Consumer Court (ศาลคดีผู้บริโภค), where filing fees are waived and a lawyer is not strictly required.

Do not sign any waiver or termination agreement offered by the developer without legal review — these often extinguish your statutory rights in exchange for a smaller refund than you are entitled to.