dksharron

King Rama 9 said "Bangkok is like a toilet without a flush".   Another time, he was talking to government officials about never building in the areas north of Bangkok, as every so often, it fills up and drains slowly.  The video of him speaking about this was aired several years ago during the big floods there.  Bangkok is about 4 meters above sea level, 25 km away.  Ayutthaya is 7 meters above sea level 90  km away .  Singburi is 17 meters above sea level, 150 km away.    Water simply does not drain. 

The extension request from the buyer is worth considering, and he must pay for it.  

Finding buyers now is not so easy. and keeping one is worthwhile to most sellers.

If he has paid 50%,  60%, 70% of the payment price to you, and he defaults by not making the final payment/appearing at the land office at the contractual date, but he has notified you that he is requesting more time, a judge will very likely side with hm in the range of 50/50 , and ask you to return 1/2 of his deposits.

Technically you are completely correct, and judges here will look at what is fair in their eyes, and "split the difference". 

If you do not already have a lawyer, it is worth your while to have one for the contract extension, so that it is written in your favor and completely legal.  You can charge the buyer for the cost of  the contract extension, maybe 10,000 baht, or whatever your lawyer is charging. 

Ask you lawyer how much you could charge for each month of extension, as your lawyer would have a better idea of an acceptable limit in case the buyer does not accept your contract extension.   If you ask for 5% / month and he needs three months, and he declines and sues, the judge may look at your request as being outside of an acceptable amount, and rule in his favor.

And, if he is asking for a reduction, have him provide you with his request in writing with signature, so that you have proof that he is asking for a  change in the contract amount, not only a change in the date of final payment.  This will be a be advantage for you.

Best of luck to you.

A few years ago, a Foreign friend's mother died.  Both he and his foreign mother were on their condo land deeds.  Foreign owners, 49% of condo allotment.   In order for him to sell the condo, he needed to first transfer her off the land deed and then transfer to the new buyer.  It was a long day and he had to pay a lot at the land office.  

In your case, take a Thai-speaking friend into the and office and ask a few questions. NO LAWYER

First ask about transferring to your son upon your death, from your and your wife's wills.  Ask about the fees.  I know for a Thai person to transfer property to their children after their death, there are some fees,  5,000 - 10,000 for a small house of two million baht land office price, but nothing outrageous.   My friend's widow's son did this about six years ago.

Next, ask about transferring your wife off the land deed now.  I think you will have the fees my friend had, which were normal land office transfer fees, thus very costly.

Also find out about the difference in fees between

1. Your wife's will leaving her share of the condo to you.  Husband and wife, I hope would be different than my friend's situation mother to son.  

2. Your wife's will leaving her share of the condo to your son.   And then your will doing the same thing

Then create wills accordingly.

I have found the land office in Pattaya always happy to provide assistance in situations like yours.

Don't do it .  Why would the owner sell 50% of the shares of a good business ?   Either he/she is not really selling, or the business is not as good as he/she is showing it to be. 

To be 100% certain, go to the land office where you will make the transaction.

They will show you exactly what they will do and what they will not do.

No lawyer required.

They will also have the forms you need and direct you to any other government office which you may need to go to for any additional forms.

True.

From the other side of it, a company , the director cannot sell company property to himself. A good law.

And, a director of a company cannot choose on behalf of the company to buy property from himself.

Remove yourself from the directorship and put in a THAI friend for a day.

It is generally required, at least by the land office in Pattaya, that there are no foreign directors on the company when the property is being purchased. I do not remember if the rule included shareholders as well.

Double check with your land office and go by what they will do. Whether something is legal or not, it is the Land Office which will make the decision to do or not to do a transaction.

Best of luck with everything.

If she can afford one house and one car payment, she should keep them up until paid for.

She should not ask others for a second house.

She found a way to pay for these, and can find a way to pay for the condo on her own as well.

The bank has not tuned her down yet, and she is already asking you for money ?????

I think it is in your bes interests to tell her hat she is an adult, and that this is Thailand , her country, and she will be able to find a way t do it on her own.

TM card is the card which is stapled to your passport when you enter the country.

On negating the paperwork back home, I would suggest that you go into the land office and see the manager, showing them all of the documents, and a power of attorney and see if he/she will accept it for use a few months later when you are not in the country.

It is up to the manager. I do not know the law on this.

Depends.

And, if you are in the USA, you should go to the nearest Thai consulate and have them sign their form and stamp your power of attorney.

Usually, the Land Office will REQUIRE this besides passport copies, and a TM card and visa be shown. If a current visa and TM card are not available, then the paper from the Thai consulate from your country is required. As you will be out of the country, this a Thai consulate stamp/papers are required.

The clients which I have worked with using Thai consulates in the US have said that is an easy process. I have also done this with Russians and the Thai consulates in Russia were also very helpful. It was an easy process.

You can call the closest consulate to your location beforehand, and I am sure they will be happy to let you know what you need to provide to them and how quickly they can complete the paperwork. You would then need to DHL or FedEx everything to your lawyer here.

best of luck.

I have had friends put the property into their children's names, but there was no mortgage at the time.

I suggest that you increase your commission, as 10,000 baht is only 0.66% of 1.5 million.

Most agents would expect 5% for a condo.

Best of luck to you.

My friend just had his gf put her house into their child's name. The child cannot sell it until she is 20. The child is under one year of age.

I got this from the Bkk Post a two days ago

Visa runners also spend their 30, 40, 50,000 / month in the economy, and if they are no longer here, neither is their money which is is cycled and recycled throughout the community; this will make a difference to the businesses which they frequented and the businesses which received it from them as well.

The smiles which will now be on the faces of all of the Cambodian businesses and landlords will have come from the Thai faces.

And or, there will be a lot more students on ed visas.

Go to the auctions to find good prices on all kinds of cars and trucks.

This is where many dealers buy the cars they sell.

Did everyone forget the colorful bicyclist ?

After you win in court, if he has not sold the house, you can put a lien on it depending on who owns it. Will your case be against him or his company, and the directors? Do you know if he is also a shareholder / director in the company that owns his house? His car is also a possibility, even if it is on finance. You can put a hold on its sale as long as his name s also on the ownership documents.

He will have something in his name somewhere for you to get.

Best of luck.

The lawyer and court fees are going to cost us 50,000 B all in. Translation of the emails, contract etc has cost us 6,000 B

We are in pursuit of 300,000 B +, so hopefully it is worth the risk

He has a kid here by an ex thai wife, plus he has a large house to sell that he is trying to sell for 15 million Baht plus, so he has the assets to repay us, plus he has reason to stay in thailand

i dont think i could look at myself in the mirror, or look my wife in the face, if i were to just walk away

He has offered us 50,000 B already in writing, so has accepted he is at fault. We just need him to increase the amount, but unfortunately i dont think he has it at the minute, as he has used all our funds up to renovate his big house, so he can sell it

Hi

I sued a builder and got my money back. We later sold the house and made a good profit as well, so it was definitely worth the effort.

If your builder did some work, then it is a civil case, not criminal fraud.

If he has nothing on the surface, it is hard to get something, but not impossible. I am sure he has a truck, on finance or not.

I live in Pattaya, and the lawyer cost me 30,000 baht here.

If you would like more info on how we went about it, and if you are building your house in Pattaya, I will be happy to recommend my lawyer to you.

You will need to show how much work was supposed to be completed for the 500,000 payment, and how much work was actually completed, and then the difference. You can also get a city hall building inspector to come out and look and write a little report for you. Yes, you will need to pay him for the effort.

Best of luck

Maybe this book will be of assistance

Double check with a lawyer.

There are time limits on many contracts

I would be surprised if you were legally able to enforce a contract which will not begin for 30 years after the date of signing.

You can try the ombudsman.

You can also ask the land office where to go.

I do not know which city you live in, but I used the ombudsman in Pattaya once for another situation and got fast results.

Someone mentioned that the owner can do whatever he wants. No, he cannot. If the building is recent and has over four or five floors, it needs to have an elevator.

And, the contract you have and the rent you pay includes the elevator even if not specifically mentioned.

There was a condo building in Pattaya, eight floors, which had the elevator out for 3 months after the juristic manager ran off with all of the money.

And, as others have mentioned, it might be best for you to leave, as other problems may arise in the future, and the owner is showing his interest in keeping the building up and running is very low.

If he does not run, then this is what will happen.

She will sue

Maximum of 200,000 and 2 years in jail is the fine for this crime.

He will more than likely avoid jail time.

She will not need to show any financial damages in order to collect some money, maybe 50,000 - 100,000 baht.

Unlikely to go all of the way to the 200,000. Up to the judge.

I have been through this with a nobody, an author's wife who sued him and us, the publisher for his book in which he used her photo ( married to her at the time of the photo and the printing).

She told the judge that she was not financially harmed, no one saw her on the street and pointed at her, she did not have to move or leave her job, and the list goes on and on of how this book did absolutely nothing to her. The judge, even though he said under his breath "this is a nonsense case" still followed the law, and gave her a small award and also gave us an the author a small fine.

This woman will win in court.

She will win 50,000++

It is a criminal case pursued by the public prosecutor, not only a civil case.

She will not need to use any money for a lawyer, although she can try to make it civil as well, and get a lot more. This is what the wife of our author did. She failed in that attempt.

Anyone out there who thinks the police will not pursue this and that the court will not hear the case and side with the lady are mistaken.

He is a bum. She is a known actress. He broke the law. Very simple.

The police and prosecutor will relish in this opportunity.

Once she files with the police, he will be sent a letter to come into Bkk, and if he does not show after three letters, ( maybe less for this case - up to the police) he will be apprehended. His passport will be held as well. He will need to come into the public prosecutor's office to sign on a list that shows he is still here every month until the court case. He will appear in court and state his side, and if he is smart, he will apologize for everything and ask for leniency.

The civil side is something different. The judge can make separate civil and criminal fines.

When a nobody can get something, this actress of note will certainly get something and something sizable.

This writer is in for about six months of headaches, worry and expenses.

He cannot find any legitimate way to say the photo was free to use from where ever he got it from.

The court will not be interested in anything written on any site in any other country.

He used the photos of a Thai actress on a book about Thailand and he is living here.

Because in a company, he can sell it when he wants to. he pays a paltry 11,000 / year to his accountant.

Mortgage gives him a lien against a property, and if the person whose name is on the property does not want to release it when he wants to sell it, he sues, goes to court, is awarded interest and principle. The property goes to auction at mortgage value. Over time, if he chooses , the starting bid can be at 80% of land office value, and then 50% of land office value, and then the bidder s would raise it from there.

If he did the mortgage using a company, then his company (without him as the director) could bid on the property at the auction using the court papers, and pick it up for a 5% fee payable to the land office.