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Kaymcdonnell

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Posts posted by Kaymcdonnell

  1. Big compensation to the buyer ??

    Genuinely curious. If the contract is well written, and the buyer has failed to meet the contract.. What possible grounds do they have.. THEY screwed up... They should be concerned about losing the deposit far more than he would be concerned about them gaming him.. Seems he holds far more of the cards.

    The contract is very well written

  2. the point is the buyer really wants the land so if he takes this road, he can get many years to pay for it

    Well if only it was that simple. The buyer has paid a large deposit so if the land owner decides to cancel the contract, even if he is in the right, the buyer has a right to complain to the court. If he chooses this option he can freeze the right for the owner to sell to another buyer (according to the lawyers) until the case is dealt with in the court. This could take years and the land owner is left with land he cannot sell or use.

    FYI
    No aggression is going on with either party so far, so no need to talk about extreme possibilities
    The land is in the sellers name, nothing transfered
    The whole point of the post is to see if anyone has any past experience or if any lawyer could shed light on what is the scenario when and if the buyer decides, as we think he will, to take the issue to the court.
    If you do not know then best not to reply?
    Thank you in advance



    So if the land is in the sellers name.. And the seller has the deposit, and a clear contract which the buyer is in violation of..

    I would say whats the issue.. Have a lawyer send them a "thanks for doing business.. and goodbye" letter and forget them. Thats the price of failing to meet the contract.

    I would expect nothing less from a Thai (or any other) business party.
    Just offer his deposit back. Forget the bloodsucking lawyers. Nobody loses and you don't make a possibly powerful enemy.
  3. Well if only it was that simple. The buyer has paid a large deposit so if the land owner decides to cancel the contract, even if he is in the right, the buyer has a right to complain to the court. If he chooses this option he can freeze the right for the owner to sell to another buyer (according to the lawyers) until the case is dealt with in the court. This could take years and the land owner is left with land he cannot sell or use.

    FYI

    No aggression is going on with either party so far, so no need to talk about extreme possibilities

    The land is in the sellers name, nothing transfered

    The whole point of the post is to see if anyone has any past experience or if any lawyer could shed light on what is the scenario when and if the buyer decides, as we think he will, to take the issue to the court.

    If you do not know then best not to reply?

    Thank you in advance

    So if the land is in the sellers name.. And the seller has the deposit, and a clear contract which the buyer is in violation of..

    I would say whats the issue.. Have a lawyer send them a "thanks for doing business.. and goodbye" letter and forget them. Thats the price of failing to meet the contract.

    I would expect nothing less from a Thai (or any other) business party.

  4. FYI

    No aggression is going on with either party so far, so no need to talk about extreme possibilities

    The land is in the sellers name, nothing transfered

    The whole point of the post is to see if anyone has any past experience or if any lawyer could shed light on what is the scenario when and if the buyer decides, as we think he will, to take the issue to the court.

    If you do not know then best not to reply?

    Thank you in advance

  5. Why you trusted a Thai and only got 15% down! you were taken. They know how to use the courts. You will spend the next 20 years in court. Insist on cash down or bank to finance.

    I would not have done it with this client anyway, but people buy and sell land everyday like this. It is normal to take a deposit until the client gets the rest of the money together? It happens everyday

    I think anyone on here talking on murdering people is getting out of hand. I only want to know if anyone has experience in a long drawn out dispute on finalizing something legally about this subject? Other details are not requested by me. Anyway thank you.

    All the lawyers seem to have conflicting information.

  6. Why you trusted a Thai and only got 15% down! you were taken. They know how to use the courts. You will spend the next 20 years in court. Insist on cash down or bank to finance.

    I would not have done it with this client anyway, but people buy and sell land everyday like this. It is normal to take a deposit until the client gets the rest of the money together? It happens everyday

  7. General question.

    Big thai developer buys land from Western owner.

    Contract made regarding payment and default clause agains late or non payment

    Buyer pays 20mb which is approx 15% of total price

    Buyer seriously defaults.

    Buyer claims completely nonsense excuses to delay payment

    Seller is completely in the right

    Seller sends canx contract via lawyer

    Buyer gets letter but wants to keep the land and draw out the problem to create time to pay

    Buyer wants to work the legal system to create delay in payment to unfairly get additional time to pay.

    We get conflicting information from lawyers.

    Lawyer 1. The buyer can react on receipt of letter and claim in the court and could take 2 years to get an answer from the judge, in the mean time the seller can do nothing!

    Lawyer 2. Same as above but the buyer gets a max of 6 months for the case to be heard.

    Presuming the seller is totally correct, Does the seller really have to wait so long when he is correct?

  8. I went to a french restaurant yesterday in the early evening. Firstly i was the only one there.

    After about 30 mins it started to fill up a little. The owner came around to welcome everyone with a big smile and hand shake. I was the only person in there that was not French.... I did not get the welcome hand shake, until i offered my hand in such a way that he had no choice. I finally got the welcome hand shake and the how are you? I said that i am very well thank you, i am English, and i will not be coming here again.

    Don't think he will miss me....

    Is it just the French?

  9. Got your point and you are right, this is what people think.

    There are lots of villas and private large apartments at very very good prices in Patong. People just do not think about this option, this is my point.

    Booking.com

    they have been around many years but only promoting hotel rooms. Recently they added villas - it is now starting to grow fast.

    Transport.

    Transport?

    I agree with GiantFan.

    I have been seeing it in Patong for some tme now, and have even asked some tourist why they chose Patong, over other nicer beaches to stay at.

    Answer: TRANSPORT - they can walk to most things and do not have to deal with the tuk-tuks.

    A few have even said they are happy to pay more for accommodation, which actually saves them money on transport.

    From Kata/Karon, given it's 400 baht into the nightlife, and 800 baht back to their hotel at 2am, they would rather spend thousands of extra baht for accommodation for their holiday, and be able to walk to their night out, and home again.

  10. Don't forget security Kay. That's on top of most peoples list.

    I had friends who came and rented a villa in Naiharn, got broken into and they felt violated.

    Now they in a box at boathouse for 12k a night but feel safe in the hotel.

    Well I have been lucky and not had any issues with any loss of belongings etc, but yes i understand this.

    I make sure all villas have an ample safety deposit box, tightly fixed to the wall. It has been reported that many hotel rooms have been violated by dishonest staff also, but not the norm.

    They just have to be more careful and lock up, just like you do at home. It has got to be the better option for more peace and quiet and space and privacy.

    These are all points that i will in future address in my marketing as they are very good points.

  11. Well the price obviously depends on the quality of the villa, same like hotel room etc. The 24 hours concierge i have to agree with, not so simple unless you have in house staff.

    In my opinion, i really believe that there are a lot of people that just do not stop and think about this option yet as it is still a growing trend.

    Linen changed once a week? Yuk.

    That's not great and I'd want clean towels everyday.

    You make a good case for renting a hotel, not a villa.

    Well if it is a villa there would be lots of towels and a linen basket so you can have clean every day. Linen as stated, changed daily if needed. So please try to see this as positive. I believe i am making a good point and a lot of people simply have just not considered it and they are missing out.

    I understand your point but I answered your question. It's about service and amenities.

    Some people prefer room service and 24 hour concierge.

    Want those things with a villa and you'll pay 10k plus per night. Correct?

    Security, transport are other factors.

    Well the price obviously depends on the quality of the villa, same like hotel room etc. The 24 hours concierge i have to agree with, not so simple unless you have in house staff.

    In my opinion, i really believe that there are a lot of people that just do not stop and think about this option yet as it is still a growing trade.

  12. Transport.

    Transport?

    As most villas are far from the actual beach then a hire car is essential, if have kids then best not to rent a m/bike. So it adds to the overall cost.

    Understand. Hotels that are on the beach are normally quite expensive. If they have kids depending on age, more hotel rooms. Many property manages these days have access to accommodate transport issues if required and not too expensive. But fair point and appreciate the feedback as i am trying to work on making the experience a more attractive one for guests.

  13. Transport.

    Transport?

    As most villas are far from the actual beach then a hire car is essential, if have kids then best not to rent a m/bike. So it adds to the overall cost.

    Understand. Hotels that are on the beach are normally quite expensive. If they have kids depending on age, more hotel rooms. Many property manages these days have access to accommodate transport issues if required and not too expensive. But fair point and appreciate the feedback as i am trying to work on making the experience a more attractive one for guests.

  14. Linen changed once a week? Yuk.

    That's not great and I'd want clean towels everyday.

    You make a good case for renting a hotel, not a villa.

    Well if it is a villa there would be lots of towels and a linen basket so you can have clean every day. Linen as stated, changed daily if needed. So please try to see this as positive. I believe i am making a good point and a lot of people simply have just not considered it and they are missing out.

    I understand your point but I answered your question. It's about service and amenities.

    Some people prefer room service and 24 hour concierge.

    Want those things with a villa and you'll pay 10k plus per night. Correct?

    Security, transport are other factors.

    Well the price obviously depends on the quality of the villa, same like hotel room etc. The 24 hours concierge i have to agree with, not so simple unless you have in house staff.

    In my opinion, i really believe that there are a lot of people that just do not stop and think about this option yet as it is still a growing trade.

  15. Linen changed once a week? Yuk.

    That's not great and I'd want clean towels everyday.

    You make a good case for renting a hotel, not a villa.

    Well if it is a villa there would be lots of towels and a linen basket so you can have clean every day. Linen as stated, changed daily if needed. So please try to see this as positive. I believe i am making a good point and a lot of people simply have just not considered it and they are missing out.

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