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eljeque

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Posts posted by eljeque

  1. First, I want to apologize for any inaccurate assumptions, but I need to take couple of guesses as your post want not very long.

    I am going to take a guess here that you informed him that these sockets and lights did not work, and he jumped into "It is your responsibility as the renter to repair them mode."

    So, I suggest that you simply live with the bad lights and bad sockets until it is time to leave in a couple of months.

    When it is time for the check out, have him come and look through the place. Sockets not working and lights not working are not damage. He cannot (legally - ha ha) deduct for these repairs.

    If he tries, then hve him make a complete receipt out, quantifying the deposit amount and the deductions from the deposit and itemizing each one.

    It may be that once this owner knows you are moving out, he may jump to attention and ask why...? If so, then you can let him know that he is not taking care of his rental unit, and you would stay if he made the necessary repairs. Although I am sure that you do not want to keep him as the landlord, this may be of benefit to you and work out.

    I just had someone move into the home of a friend which I rent out for him. I had the renter tell me everything that was not working, lights, sockets, dripping faucets, etc. I asked him to wait a few days so that he could find everything possible. I had everything taken care of for 1,000 labor and a few hundred in parts.

    For your next place, try and get the same arrangement. Not all of the landlords are s bad as the one you currently have.

  2. Here is a possibility, but maybe not the avenue that you are searching for.

    All building permits are issued at City Hall on North Road.

    Although this would not give you sales and price information, it would give you some building information which may be helpful for your study.

    One more problem with the Land Office is that they record sales of Properties, but when Farang 1 sells his house to Farang 2, he is really only selling the shares of his company to Farang 2, so it is not registered at the Land Office, but the house has a new acting owner, even though it is the same company.

    You also menitoned "How many properties" foreigners bought in the first 6 months of the year. Did you mean "bought and registered at the land office" or made a down payment at developer's office?

    Best of luck to you.

  3. If your girlfriend is doing this now, and doing a good job of it, you should let her continue.

    ASSET MANAGEMENT COMPANY

    1) Collect Monthly Rental WHEN THEY TELL YOU THE TRUTH ABOUT OCCUPANCY

    2) Renew Annual Contracts With Tenants

    3) Pay Whatever Expenses Involved WITHOUT PADDING THE BILLS TOO MUCH, OR CREATING THEM

    4) Deposit Monthly Net Profits Into My Thailand Bank Account

    5) Take Care Of My Tenants NOT THEMSELVES

    Best of luck to you.

    It is always best to avoid being an overseas owner.

  4. This is also the reason many people will simply not buy here, not a house in a company name, and not a condo in their own name.

    Even if it is in your own name, the rules are always changing.

    I wish you the best of luck with outside legal advice.

    You could own beachfront property and then someone will fill in the seashore and make new land and build new condo building there.

    No rules are followed.

  5. Get witnesses from the hospital to sign statements.

    Register a complaint at the police station immediately. Take a translator with you.

    This will help you if need to defend yourself anytime in the future. It may also help you get the kid/s.

    As you say, you are not in a good situation, but it is better to have the complaint filed than not.

  6. I joined 2 years ago for 13,999 for the first three years, and then 1,000 or 2,000 / year for lifetime, or until they close.

    Last month, they told my mother 10,000 for one year or 54,000 lifetime. One year was fine wth her.

    I am happy with the place, even though as a whole, I think it is very unfriendly, and believe it stems from the former and current management, to the employees, and the to the members.

    I have lived in Pattaya for 12 of the past 20 years, and have never been anywhere which has so little communication between people so close to each other. I do not expect it to be a bar, and people are there to exercise, not mingle, but I think the place has t be the most unfriendly gym I have ever been a member of.

    It is not a bad idea to try Tony's, as he has been here for a long time, plus has the little gym on Buakhow, an may open another one elsewhere too. I have not heard any complaints from any friends who exercise at his places.

    Best of luck.

  7. One more idea, but again, you need to run this by your attorneys, as I am no pro at this.

    Although I may be grasping at straws here.....

    The developers must register to build a housing deveolopment at City Hall.

    And City Hall maintains the office for building permits (or at least the one in Pattaya does). Phuket should be similar.

    Building permit = Ahn ooh wat - book sahn

    I am sure, like you are, that the new land owners must have been cognizant of the development. They may not legally be responsible for looking at the land they are lending on (check the date of the loan or loans), although that would be difficult to argue in court, and they may not be legally liable for looking at the office in City Hall for builiding permits for a company which is building houses on land which they own, but it would make sense for the new owners to find out.

    It might be possible for you to show in court that the the new owners should be responsible for some form knowledge of the entire situation and that some knowledge leads to some responsibility, AND it will be lot of work for a savy lawyer to accomplish.

  8. Although I know the (Sell with rights to buy back) system well, I do not know the laws against concerning selling houses on land which one does not own, but I am sure there are many.

    Maybe this below has already been done.

    I guess that your group is suing the developer, and I suggest that you also go directly to the police department, and file police reports as individuals against the developer for fraud.

    This report will first be written by a low level policeman , and then he will send you into a captain who will write a more lengthy report.

    From here, the report will then be sent up the ladder to be reviewed by higher level policemen, and and if accepted, sent to the public prosecutor (ai-yah-gahn) who will proceed with a criminal case against the developer's owners.

    I state the above under the assumption that the developer has no ability to ask that the polcie report is not slowed nor stopped anywhere along route in the police station to the public prosecutor.

    By your going by the police route instead of, or besides the civil court route, the developer then risks jail instead of just being told to pay back the money he pocketed, which he has more than likely already hidden into other land in the country.

    You can also see if the new owners of the land and the developers have any board members who are the same people, or the same family. This could show their implicit knowledge... BUT, Thailand is not like the Western Courts where lots of evidence and witnesses are called for indepth questioning and the like. Some evidence can be obvious to you as fact, but not allowed into the courtroom, to your utter surprise.

    If you are able to find the other buyers, those who are Thai and have some wealth themselves or some connections in the police or elsewhere, and or find if a bank had arranged a mortgage, or planned on arranging a mortgage for anyone there, they may be of some assistance.

    Did the new land owners release any of the properties to any of the new buyers at any point in time? Were any of the houses ever finished? I cannot think of a way right now, it is late, but you may be able to find a way to show the new owners released some of the properties (if they ever did), only after the developers where paid in full, and then the new land owners were paid in full.

    If this makes any sense, it will surprise me, but then see if you can show that the new land owners knowingly cooperated with the developers in their shame... This is a long shot, and maybe you can make it sound better than I did.

    And, I do not know if their cooperating would be illegal.

    Best of luck to you and the other buyers.

  9. The Khai Phac re-mortgagers, Khai Phac = Sell with the right to buy back.

    The developers sold the land to the buyers, but the buyers must sell it back to the developers when the developers have the money to pay them back, plus interest (usually paid monthly), and this must happen within one year, unless they make an agreement to renew it.

    If the developers do not have the money, then the land continues to belong to the new owners forever. They have lost it.

    Anyone who contracted with the developers to build a house on the land should have first investigated to see of the developers really did own the land, not owned it on a mortgage with the bank-like most of them do, but truley owned it. In this case, the developer did not own the land, and I am sure that they did not make sales fast enough to make payments, or did not really plan on making payments in any way at all, to the owners in order to be able to buy the land back at the end of the payment period.

    The Khai Phac re-mortgagers, bear no responsibility in this. They own the land and they own any structires built on the land as long as those structures have "anuwat buksan" building permits, for the structures. No one can have any claim to the structures as no one has any agreement to build or own any structures with them on their land.

    It would be a good idea for the buyers to form a group and then go to the Khai Phac re-mortgagers, and work out something with them, as they are the ones in power, legally and morally. The took land back as a gaurantee on a loan, and the borrowers defaulted. They keep the land, but they are not the ones who signed the contracts to build houses. If the houses cost 10,000,000, and the builders received 10,000,000, but did only 1,000,000 in work on the houses, then will the buyers want the land owners to continue and spend another 9,000,000 on each house to finish it? It is not their responsibility.

    The buyers have been cheated, and should be as nice as possible in dealing with the land owners, as they are holding the cards, and are also not in the business of building houses, but are instead in the buiness of lending money. They want their money back on the project, plus big interest, and if the house buyers bite the bullet and pay the land owners for the land and their interest, the house buyers will receive their land and their semi-built structures which they can then finish at their own expence.

    This may not be any fun, but the other option is to fight with them in court and end up with nothing but costs.

    Try to get your money, as much as possible, out of the original developer, as he is the thief.

  10. The farang is leasing a property from a Thai who is paying a mortgage. The lease is registered at the land office.

    Once there is a mortgage registered at the land office between the bank lending and the owner boirrowing on the property, the bank will hold the land title deed and will not allow it to be taken to the land office to have a lease registered on it. The bank will not allow a claim tof right to use the property be placed upon a property which they have lent on. If the borrower defaulted, the bank would have to sell the property in order to receive their funds back, but if the leasee has rights of use for 30 years, they cannot sell the land to anyone who wants to use it.

    The lease is now official. If the Thai tries to sell the house, it won't be possible because the lease has to be honored. No?

    If first you have a lease on the property registered at the land office, and then the Thai owner wants to borrow on it, she cannot register a loan at the land office. The land office will not allow it.

    It comes down to what the bank will do, and banks are not very flexible about anything. You could gaurantee a loan if the borrower pays 1/2 up front or something like that, but being a gaurantor and having a lease are something different.

    Try speaking to a bank lending officer to see if he/she is aware of a way to work within your parameters. If so, super, you win.

  11. Best of luck finding financing.

    There are a few ads for people selling condos and willing to self-finance in the classified section of Thaivisa

    Only buy if you are absolutely sure you are going to stay in the location for a long time, and will not need the funds invested for any other purpose.

    Selling property here is not an easy task.

  12. The next buyer is the one who will value it.

    Property in the foreigner areas of Thailand, (Pattaya, Samui, Phuket) are like rare little animals, but not so rare as to be valuable.

    The property is not a commodity which has an easily accessible sale price, one at which thousands are sold every year. It is worth what the next man will pay for it.

    That next man is found by the buyer working his ass off for a long period of time with amny agents, many bulleting boards, many internet sites, many forums, a lot of local word of mouth, etc.

    Best of luck.

  13. Can you give us any further details of the farm land:-

    How many Rai of rubber and how old are the trees.

    9 rai and the trees are producing rubber and are about 7 years old, includes three houses

    How many Rai of sugar and what age is it.

    2 plots 6 rai is about 1 1/2 meters tall 4 rai is about 1 meter tall

    Which side of Prasat is it

    towards the border near Phanom Dongrak

    and

    What sort of price are you thinking for them!!

    My friend is taking them back from a loan, and the borrower was going to sign them over,

    llowing him to sellthem, but just recently, she has changed her mind and they will go to auction.

    I would be happy to send you chinote copies and maps to the location, and include my friend's number here so that you can see the property and know when it available.

    I do not think I am allowed to post my email address or phone number here, so I will PM you.

    Thanks.

  14. Can you give us any further details of the farm land:-

    How many Rai of rubber and how old are the trees.

    How many Rai of sugar and what age is it.

    Which side of Prasat is it

    and

    What sort of price are you thinking for them!!

    Thanks.

    Yes, putting it all together and will get bck to you ASAP. The property belongs to a friend of mine very close by. WIll try to get it done tonight and post the information.

    Thanks

  15. My guess is that you'd get more response in our Housing/Land or Classifieds forum. If you don't get much response here, let me know and I'll be happy to move the topic to one of those forums. Just PM me.

    Regards,

    Toptuan

    Thanks, but I would like to keep it here for a few more days and then I may request that you move it. Can I have it in two locations, or is that against the rules?

  16. I have some rubber and sugar land, about 20 rai, and also another few rai with a few houses.

    I am looking for an agent who can locate buyers

    If anyone knows of other ways of selling property in the area, like posting on local boards, telling the local puyai, etc., please let me know.

    Thanks

  17. In Pattaya, although maybe not all of Thailand to the same extent, a large number of foreigners and Thais as well, have bought or built houses and condos which they had planned on living in.

    Although as a general rule, there is a return on investment ratio for rental property, there are enough aberations here, where there is property sitting empty (for a long time) or which cannot be occupied due to required repairs, that a smart foreigner can latch on to a very good deal in which the owner of the property receives less than 4% / year return before maintenance fees, taxes (company taxes), agent's fees, etc.

    These are the occasions when renting is better than buying. These situations are not difficult to find by simply looking around on the bulletin boards, driving around, talking to people in the neighborhoods where you would like to live, AND staying away from real estate agents.

    I pay 96,000 / year for a house which would sell for about 2,500,000. I have friends with even better deals, and it is because they have made the effort to look around.

    Rent and invest elsewhere.

    Property is an investment which needs to be maintained through not only repairs, but also making the effort to find a renter for the property, just like a business finding customers. If you can find an owner who made an investmen and does not maintain it well, you can take advantage of it by getting low rent.

    Look around and see a lot of properties, and get back to owners whose properties have been available for along time. They will come way down on the rent.

    Best of Luck

  18. A friend of mine living in CR recently told me that he had learned that foreigners could own land in CR municipality.

    I told him that to the best of my knowledge, foreigners not being allowed to own land in Thailand concerned every meter of the country, CR or not.

    Has anyone every heard about this before?

    Thanks

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