Is There A Good Lawyer On Samui?

[Charma]

I want to find a good lawyer located in Samui. I have read many threads and much criticism of Thailand lawyers, but there must be some out there that TV members have personal experience of and could recommend. I need assistance in dealing with a property developer (another group with glowing reports on TV!).

I have had two years of hassle and I am running out of ideas. I did briefly use a lawyer last time I was on the island but had a very unfortunate experience! I am now back in the UK and cannot make any progress from here. I need someone I can trust, who has reasonable charges, is efficient and has experience of property & contract law.

This issue is causing myself and my wife a great deal of concern and distress, so any help would be really, really appreciated.

[John 1]

You would have to be joking trust a lawyer on Samui, and not being on the island to sort things out you would be asking to get ripped off. As for the property developer post there name and some people may be able to comment.

[Charma]

No John_1, I am not not joking! Like I said, I have read a lot of negative comments about Samui lawyers and also had a bad experience myself. Hence the reason for my post - someone out there must know of a lawyer who they don't think will rip me off! At this stage, I do not have much choice and need someone on the island to move things forward for me. Regarding the developer, as a newbie to the forum, I am concious of the rules and probably think it is best at this stage to keep their name out of it. They are well known on the island and I think they have treated most of their customers well - but not me!

Edited June 29, 2006 by Charma

[chelford67]

I can only speak from my own dealings, and I was more than happy with their service. He saved me a lot of money time and heartbreak. I found them very professional and very prompt in returning calls, keeping appointments etc. I hope this helps and good luck.

Manit & Associates Law Office

IT Complex Samui, Samui Ring Road, Lamai

Unit 206, 142/17, Moo 4, Tambon Maret

84310 Koh Samui, Suratthani, Thailand

Tel: 0 7745 8135, 0 7745 8136

Fax: 0 7745 8268

E-mail: [email protected]

Website: http://www.samuilaw.com

[Charma]

Thanks chelford67. I will take a look at them. Would be interested in knowing if anyone else had any knowledge of them, good or bad. Would also be very interested in hearing from anyone who has ever undertaken litigation in Thailand. I know this is rare, but someone may have done this.

[womble]

If it's a developer on Samui DON"T use a local lawyer, that would be silly!

Get a Bangkok firm, there's only 3-4 that are any good and really it's the particular Lawyer not firm that you want to be looking at.

Manit and Pensit Lawyers in Samui DO NOT litigate, I think that says something.

[Charma]

Thanks Womble. I think that may be sound advice. I have wondered about how "connected" the various lawyers and developers are on Samui, particularly as this is a big developer and is likely to be known to many. My sincere hope is to get the issues resolved without resorting to litigation, hence having someone on the island who can engage directly with the developer and get things moving. This is something I find impossible to do from the UK as I cannot even get through on the phone and rarely get a response to emails. I have made progress on the three occasions I have been able to get out there, but as soon as I return to the UK, it all stops! Ultimatley though, I would need to trust my lawyer to start proceedings correctly if the developer will not respond.

[tjo o tjim]

For business operations, Samui Business _ in Mae Nam was recommended to me. I think when it comes to property as others have said, stick with a Bangkok firm.

I used SCM International Law Office (thailandlawyer.com). While they were very helpful for my needs, I am not sure what I would expect if something came to litigation.

Another approach might be to hire a professional project manager to act on your behalf, if things aren't too pear-shaped already.

[justdive]

Here are the details for a good lawyer/ he works for me/

S.Samui Business Co.,LTD

Mr. Suthep Phetmeekaew

23/9-10 Moo 4 Maenam - Koh Samui

Mail: [email protected]

mobil: 01-9708562

tel: /077/ - 247563-5

fax: /077/ - 247563

Justdive

[Charma]

Thanks tjo o tjim and justdive,

another couple for my very small list. I think if I put this ona a UK post I would be swamped with law firms. Guess good ones really are hard to come by!

[Rooo]

Charma,if you go to real estate forum & google for lawyers you might have some luck.I have read a bit there not so long ago. Good luck.

[21prozent]

Even Thai people told me never ask a Samui lawyer if you have a problem with a local on Samui. Bangkok seems to be a good idea but can be expensive because of travelling costs. So the best choice is probably Surat, which is too far to know each other but close enough to get there quickly.

Greetings, Dirk

[sbk]

just dive, I don't believe Suthep does property at all, just business. That said, he is certainly connected on the island and may be able to give a referral.

And yes, sometimes it does help to have someone connected deal with things. Usually, it isn't about how much money you have but who you know.

[Duncan & Lek]

just dive, I don't believe Suthep does property at all, just business. That said, he is certainly connected on the island and may be able to give a referral.

And yes, sometimes it does help to have someone connected deal with things. Usually, it isn't about how much money you have but who you know.

Hi

I have used Suthep to buy land as have friends of mine and although it may go pear shaped at some stage, so far all is well.

Cheers

Duncan.

[Charma]

Thanks everyone for the suggestions. I am following up on a few of them. It has been very difficult to decide which way to go as connections on the island can be useful and dangerous, depending on who the connections are to. Hopefully I will find a way.

Duncan, as a side question, there have been a lot of posts here concerning land purchase. I was wondering if you would be willing to let us know how you did yours and whether you had any problems at the land office (i presume it was Samui).

[Duncan & Lek]

Thanks everyone for the suggestions. I am following up on a few of them. It has been very difficult to decide which way to go as connections on the island can be useful and dangerous, depending on who the connections are to. Hopefully I will find a way.

Duncan, as a side question, there have been a lot of posts here concerning land purchase. I was wondering if you would be willing to let us know how you did yours and whether you had any problems at the land office (i presume it was Samui).

Hi,

I had no problems, it was Samui, Choeng Mon, it was a little slow due to the plot being sub divided into 1/2 rai plots and changing the title to Chanote.

I never went to the Land Office, the Agent did it all for me, there were clauses in the contract that if the vendor pulled out I got double the deposit back, how it could be enforced is anybody's guess without going through the courts.

As far as I am and can be aware it all seems above board, well the government landmarker bits are in the ground and I have the Chanotte and transfer paperwork and it all looks genuine.

Suthep set up the company and I have the translations which as best as I can tell are OK. I have paid the tax on the company, done the balance sheet and changed the details when the land titled was changed.

The deal seemed fair, the vendor (Thai) paid 1/2 of the transfer tax, they wanted me to pay it all but Suthep and the agent said no. Not sure the value of it has increased since I brought it due to all the bad press samui has been getting, but I want to keep it to build on and live in anyway.

I have done nothing with it except have a fence put round it a couple of weeks ago, need to save up to build on it, but also keeping a close eye on the way things go on Samui in case I need to transfer it to my Wifes' name to stop it being taken away.

Hope this helps

Cheers

Duncan

[Charma]

Thanks everyone for the suggestions. I am following up on a few of them. It has been very difficult to decide which way to go as connections on the island can be useful and dangerous, depending on who the connections are to. Hopefully I will find a way.

Duncan, as a side question, there have been a lot of posts here concerning land purchase. I was wondering if you would be willing to let us know how you did yours and whether you had any problems at the land office (i presume it was Samui).

Hi,

I had no problems, it was Samui, Choeng Mon, it was a little slow due to the plot being sub divided into 1/2 rai plots and changing the title to Chanote.

I never went to the Land Office, the Agent did it all for me, there were clauses in the contract that if the vendor pulled out I got double the deposit back, how it could be enforced is anybody's guess without going through the courts.

As far as I am and can be aware it all seems above board, well the government landmarker bits are in the ground and I have the Chanotte and transfer paperwork and it all looks genuine.

Suthep set up the company and I have the translations which as best as I can tell are OK. I have paid the tax on the company, done the balance sheet and changed the details when the land titled was changed.

The deal seemed fair, the vendor (Thai) paid 1/2 of the transfer tax, they wanted me to pay it all but Suthep and the agent said no. Not sure the value of it has increased since I brought it due to all the bad press samui has been getting, but I want to keep it to build on and live in anyway.

I have done nothing with it except have a fence put round it a couple of weeks ago, need to save up to build on it, but also keeping a close eye on the way things go on Samui in case I need to transfer it to my Wifes' name to stop it being taken away.

Hope this helps

Cheers

Duncan

Thanks for the info Duncan. I am soon to complete on some land and will be making a decision on whether to use my company or just put it in my wife's name. Seems that the Samui land office have no problems with the company route at the moment. Who knows regarding the current land price in Samui! Have you read the threads about this, particularly the "Samui for Sale" one I posted?

http://www.thaivisa.com/forum/index.php?sh...=77005&st=0

Might be worth mentioning your situation on that thread to shed some light on the current situation in the Samui land office. Recent posters are saying that using a local lawyer and buying with a company is a bad choice! There may be quite a few members deciding what to do with their land at the moment. It is good to have the option of a quick transfer to the wife!

[Beachedwhale]

I have been involved in Samui land purchases for over 6 years and after 2 marriages to Thai ladies I am surprised about the comments .. might be better to "have a quick transfer to the wife" ... my personal view is that you are better off trusting the government. The whole Thai community believes that Farangs come here in order to give wealth to the Thais. In my restaurant I hear besotted husbands talking about how they have just bought some land or a truck and put it in the wifes name because it was safer or eaiser ... then I hear the girls talking about how lucky the wife is for having the farang buy her a truck or land, she has really got her future sorted out.

I believe that it is the same as any type of risky investment, only do it if you can afford to lose it, otherwise don't do it or take the only true legal avenue of a lease and do it in your own name... or if you are married and have children, then put the shares in the kids name and not the wifes, they cannot sell their shares until they are 18 years old without going through a court process but you can have all of the signing authority you like including selling all assets etc. The wife may complain but if you go and buy her a gold neclace or something she will probably forgive you.

[Charma]

I have been involved in Samui land purchases for over 6 years and after 2 marriages to Thai ladies I am surprised about the comments .. might be better to "have a quick transfer to the wife" ... my personal view is that you are better off trusting the government. The whole Thai community believes that Farangs come here in order to give wealth to the Thais. In my restaurant I hear besotted husbands talking about how they have just bought some land or a truck and put it in the wifes name because it was safer or eaiser ... then I hear the girls talking about how lucky the wife is for having the farang buy her a truck or land, she has really got her future sorted out.

I believe that it is the same as any type of risky investment, only do it if you can afford to lose it, otherwise don't do it or take the only true legal avenue of a lease and do it in your own name... or if you are married and have children, then put the shares in the kids name and not the wifes, they cannot sell their shares until they are 18 years old without going through a court process but you can have all of the signing authority you like including selling all assets etc. The wife may complain but if you go and buy her a gold neclace or something she will probably forgive you.

I appreciate that putting the land in a spouse's name is not risk free, but this is very much a personal issue. Every marriage is different. I agree that when it comes to Thailand, only buy what you are willing and able to walk away from. I'm not sure I trust the government more than my wife. We live in the UK with our daughter, we have a house near Bangkok and are having one built in Samui. I would prefer to keep this house as a company purchase, but for all the reasons spelled out on this and other threads, this is an area still very much up in the air. In my case, if we separated, I would be happy to leave the house to her or my daughter. I would also expect to be paying to support her until our daughter leaves school. Others may decide to take the additional precaution of a 30 year lease. As I said, it is a personal matter. Marrying a western woman does not really change the issues. I know people who have lost a hel_l of a lot more in divorces in the UK. Somehow, many foreigners seem to want to marry a Thai, possibly even have children and then leave them with nothing if it does not work out. Ultimately, buying anything in Thailand involves risk. All you can do is know what the risk is, be prepared for the worst and hope for the best.

[highdiver]

I have been involved in Samui land purchases for over 6 years and after 2 marriages to Thai ladies I am surprised about the comments .. might be better to "have a quick transfer to the wife" ... my personal view is that you are better off trusting the government. The whole Thai community believes that Farangs come here in order to give wealth to the Thais. In my restaurant I hear besotted husbands talking about how they have just bought some land or a truck and put it in the wifes name because it was safer or eaiser ... then I hear the girls talking about how lucky the wife is for having the farang buy her a truck or land, she has really got her future sorted out.

I believe that it is the same as any type of risky investment, only do it if you can afford to lose it, otherwise don't do it or take the only true legal avenue of a lease and do it in your own name... or if you are married and have children, then put the shares in the kids name and not the wifes, they cannot sell their shares until they are 18 years old without going through a court process but you can have all of the signing authority you like including selling all assets etc. The wife may complain but if you go and buy her a gold neclace or something she will probably forgive you.

I appreciate that putting the land in a spouse's name is not risk free, but this is very much a personal issue. Every marriage is different. I agree that when it comes to Thailand, only buy what you are willing and able to walk away from. I'm not sure I trust the government more than my wife. We live in the UK with our daughter, we have a house near Bangkok and are having one built in Samui. I would prefer to keep this house as a company purchase, but for all the reasons spelled out on this and other threads, this is an area still very much up in the air. In my case, if we separated, I would be happy to leave the house to her or my daughter. I would also expect to be paying to support her until our daughter leaves school. Others may decide to take the additional precaution of a 30 year lease. As I said, it is a personal matter. Marrying a western woman does not really change the issues. I know people who have lost a hel_l of a lot more in divorces in the UK. Somehow, many foreigners seem to want to marry a Thai, possibly even have children and then leave them with nothing if it does not work out. Ultimately, buying anything in Thailand involves risk. All you can do is know what the risk is, be prepared for the worst and hope for the best.

If so

why dont you put it on your doughters name. she is a thai citizen. and you can have all the signatory rights as her father.

you save all the head ache of company registration and yearly reports.

[Charma]

I have been involved in Samui land purchases for over 6 years and after 2 marriages to Thai ladies I am surprised about the comments .. might be better to "have a quick transfer to the wife" ... my personal view is that you are better off trusting the government. The whole Thai community believes that Farangs come here in order to give wealth to the Thais. In my restaurant I hear besotted husbands talking about how they have just bought some land or a truck and put it in the wifes name because it was safer or eaiser ... then I hear the girls talking about how lucky the wife is for having the farang buy her a truck or land, she has really got her future sorted out.

I believe that it is the same as any type of risky investment, only do it if you can afford to lose it, otherwise don't do it or take the only true legal avenue of a lease and do it in your own name... or if you are married and have children, then put the shares in the kids name and not the wifes, they cannot sell their shares until they are 18 years old without going through a court process but you can have all of the signing authority you like including selling all assets etc. The wife may complain but if you go and buy her a gold neclace or something she will probably forgive you.

I appreciate that putting the land in a spouse's name is not risk free, but this is very much a personal issue. Every marriage is different. I agree that when it comes to Thailand, only buy what you are willing and able to walk away from. I'm not sure I trust the government more than my wife. We live in the UK with our daughter, we have a house near Bangkok and are having one built in Samui. I would prefer to keep this house as a company purchase, but for all the reasons spelled out on this and other threads, this is an area still very much up in the air. In my case, if we separated, I would be happy to leave the house to her or my daughter. I would also expect to be paying to support her until our daughter leaves school. Others may decide to take the additional precaution of a 30 year lease. As I said, it is a personal matter. Marrying a western woman does not really change the issues. I know people who have lost a hel_l of a lot more in divorces in the UK. Somehow, many foreigners seem to want to marry a Thai, possibly even have children and then leave them with nothing if it does not work out. Ultimately, buying anything in Thailand involves risk. All you can do is know what the risk is, be prepared for the worst and hope for the best.

If so

why dont you put it on your doughters name. she is a thai citizen. and you can have all the signatory rights as her father.

you save all the head ache of company registration and yearly reports.

She was born in UK and is UK citizen. She is not a Thai citizen.

[Beachedwhale]

If your wife is Thai, your daughter can get a Thai passport and be a Thai citizen - my son is half Thai and born offshore so he does not have to go in the Thai Army (well that is the thinkng at this stage, we'll have to wait and see), but he has a Thai passport, legally owns Thai shares etc

[Charma]

If your wife is Thai, your daughter can get a Thai passport and be a Thai citizen - my son is half Thai and born offshore so he does not have to go in the Thai Army (well that is the thinkng at this stage, we'll have to wait and see), but he has a Thai passport, legally owns Thai shares etc

Certainly something I could consider. Thought I read somewhere on TV that it wasn't quite as straight forward as that. I will have to look into it, but as I said before, I would not want to leave my wife with nothing.

[John 1]

Charma, This is not a shot at you, but I did like your last comment ( I would not like to leave my wife with nothing )

I'm sure many would like to leave there wives with nothing.

On another note in the Phuket gazette it reported a foreigners was killed by his ex wife and relatives then using two bags of charcoal to barbecue him and then scattering his ashes in the forest, that was a cheap cremation.

[Beachedwhale]

It will not be straightforward as that is one of the ways of Thailand, it is not straitforward for Thais either with the law being grey about whether a Thai woman legally married to a Farang can in fact buy land in her name .. potentially yes if there is a letter from the Farang saying that he will not make claim to the land if there is divorce proceedings and that the oney from the purchase was the Thai wifes ... but then again this just reinforces the attitiude that underneath it all Thailand does not want Farangs to own Thai land.

Suthep is one of the better lawyers on Samui in terms of efficiency, getting the administrative things done etc, he has at least 300 or more farang clients of which many are the major farang businesses in Samui ... so certainly go with him for the operational aspect, but he is not any good for litigation ... I had to use someone else out of Bangkok when I went to court over a failed land deal .. and even then it is 4 years on and there is no resolution because the court system loves it when a farang sues a farang ... best to settle out of court and move on to the next project if you can...

[Gatorade]

chelford67 said:

I can only speak from my own dealings, and I was more than happy with their service. He saved me a lot of money time and

I also use them for a variety of legal issues and agree with 'chelford 67'. They have been most helpful.

[slabejmarek]

this thread might be old but recently i had really good experience with this company based in Bophut, very close to Tesco Lotus. One of the partners is french and speaks perfect english

 

they went way beyond their duty when dealing with our cases. very professional approach and very thorough when it comes to setting up companies or dealing with real estate

 

 

 

 

Phone number and email removed as per forum rules. 

Send PM for off forum discussion. 

[dirtybirty]

Use a bangkok lawyer

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