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silk123

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Posts posted by silk123

  1. Seems clearer and clearr to me the longer i stay that

    thailand hates foreigners but put up with us for the money income.

    Like that thai chinese minister said" not all foreignes are evil, some have things to give, we should take those things."

    Sad but true. Likely just a litte burst of Thai's feeling toward foreigners under the facade that innocent austrailian girl getting shot like that.

    That policeman is out and about.

  2. nice to have some replies and a bit more insight - from what you have said it seems that this to get something decent sorted out could be a bit of a minefield. Have to say that from the responses i had, sunbelt's was the clearest and quoted prices up front - nice to know.

    After a PM from a long standing member of TV - this leads me to ask

    * who has been through setting up a lease recently

    * what did you pay and what for what services/deliverables

    * which company(ies) assisted you

    * what was your experience with them like

    Cheers

    After securing the services of a Bangkok lawyer and several trips, I now posess a bonafied 30 year lease with a 30 year option. The lease is very detailed both in Thai and English. It can be easily modified to fit your particular needs. I'm not giving it away but could be persuaded for a fraction of what it cost me. Can also advise (from 1st hand experience, 2nd time around) the proper route to take without using a lawyer.....

    To save someone emailing the guy above excalibre wants 10k just to email a copy of his lease. sad when foreigners go so stingey like that trying to rip off other foreigners rather than just being a bit good hearted.

    My dad used say "meanness is a disease of that generation and it stinks so people can avoid them and leave them in their starved world" along them lines anyway and he was right.

    Ok i came to thailand because it was cheap on a fixed foreign income and of course the women but i do notice a lot of overly stingey foreigners over here. They must be in stingey persons heaven but meanness is hel_l on their minds.

  3. Whatever is it, just give it a try... it will still safe some energy .....

    yes let all safe some energy. Not talking about nasa but it's so easy to tell the newbies who haven't a clue with there give it a chance attitude.

    You give so many pathetic ideas a chance here and lose so much at it that it's normal to get a bit jaded toward more stupid hub clown ideas from people who just want screw people over who never lived in the real world only fake fake show show poor person thinking. It's like the blacks showing gold because they come from so poor pretending they are not poor. If they were really rich or even comfortable they woul not need to show like that.

    I see gold in thailand and i know they feel poor inside.

  4. SO it look like put the house in my name and lease the land from her for 30 years and add the lease to the chanote.

    Anybody done this already and what were the costs without the lawyer.

    I'd like to know is it possible to lease the land for say a 1000 baht for 30 years as it was me who paid for it.

    I got a lot of clauses from other threads to watertight it as much as possible.

    It's just the second house i'd like in my name as a backup and also as incentive for her to stay with me and not stray or listen to the lowlifes in her family who would like to take everything from her.

    My wife is good as they go, its just i hear so many stories and i worry about her family killing her as I would not put it beyond them to take everything. There is already a shameful story of a family member killing another family member and serving time but that is supposed to be hidden from me.

    I'll post most of the ueful info i got on this from other threads below for reference. I use a great program called keynote for keeping all information together, ordered and secured by blowfish encryption.

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    I think the best thing is to use a Real Estate Lawyer. First of all you want to make sure you are leasing it from the owner, and there are no leans or other leases on it already. I'm sure the lawyer will have a standard lease.

    You want to get a 30/30 year lease.

    Good luck

    When I did this, I was shocked at how unsophiticated the lease was. The lawyer, and in Thailand they have undergraduate degree, explained that it is code law, not common law as in U.K or U.S., so much simpler.

    While my lease is held by my love interest, I was concerned about what the Thai family would do, especially when I was really old and my Thai was deceased.

    Thus I had the lawyer create the lease, he used original language, ( don't know is there is a standard one or not)

    I also had him create a mortgage on the property in the amount of the purchase price of the land and house, (I gave ownership to both) receipt of the purchase money recited in the mortgage, and had the mortgage equate to the rent so in 30 years, when I am 97, the mortgage was paid off. The lease payments equaled the mortgage payments due, thus a wash.

    Additionally, I had him put a penalty clause in the lease to the effect that if my "quiet enjoyment" was disturbed during the pendancy of the lease, a penalty of five million baht was payable.

    Thus, "relatives" were faced with the 30 year lease, the penalty clause and a mortgage due on the propery to contend with if they wanted to evict me.

    LivinLOS

    2004-06-16 18:19:23

    You can also have clauses which state that it should be renewable 2 more times but this is not truly enforcable by law (it will depend on the intention of the leasee after the 30 years are up) but does assist in fixing a price for 3x30 years.

    Also wise to add is the clause that if land ownership does ever become possible for farang or non thais that you have first purchase option at a fixed (low) price.

    Also be sure the lease gives EXCLUSIVE rights to the house AND land AND any other structures or improvements that exist at the time of the signing of the lease or are constructed or installed after the signing.

    From http://www.thaivisa.com/forum/lofiversion/...php?t52993.html

    LEASE AGREEMENT

    AGREEMENT MADE AT_______________

    _________________________________

    _________________________________

    DATE_____________________________

    This Lease Agreement is between________________________________________

    __________________________________hereafter known as the Lessor and

    ____________________________________________________________________

    __________________________________hereafter known as the lessee

    It is hereby agreed as follows

    1. The Lessor agrees to lease and the Lessee agrees to rent a single storey home and land ,located at_______________________in accordance to Land Title Deed No.______________________Land Number_______________________________

    Book number_________________________Page number____________________

    Tambon__________________________Total Land Size_____________Sq Wah

    hereinafter known as the "Said Premises" for a rent period of 30 years.

    2.The Lessee agrees to a one time advance payment for the entire rent period in the amount of________________Baht (_______________) to the Lessor on the date of this Agreement.The Lessor and the Lessee agree to register the leasing terms and conditions at the District Land Office within 7 days after making this agreement. The rent begins on the date of registration at the District Land Office.

    3. Both parties agree that the Lessee shall have an option to renew this lease for an additional 30 years, for rental terms and conditions as mutually agreed by both parties.

    4. After the date of this agreement the Lessee shall have the right to live in and conduct legal and socially acceptable businesses in the Said Premises during the term of this Lease Agreement.

    5. The Lessee agrees to take care of and to preserve the Said Premises as one would do to his/her own and maintain the upkeep of and also attend to repairs of the Said Premises which may be caused by accidental or intentional actions of the Lessee or the Lessee,s subordinates.

    6.The Lessee may assign or sublet the Said Premises to other Parties. Should there be the need to make official registration or other legal proceedings,the Lessor agrees to give consent and to assist the Lessee in providing proper documentation and shall not ask for any returns from the Lessee. The Lessee agrees to pay for any fee and other expenses that may arise from such proceedings,

    7. The Lessee agrees not to damage or deface the Said Premises or make structural alterations or additions thereto without the written consent in writing of the Lessor and all structural alterations shall be in accordance with government and municipal guidelines. The Lessee agrees to pay any costs involved while the Lessor agrees to provide necessary documentation in obtaining such official permits.

    8.Should the Lessor wish to sell the Said Premises, the Lessee shall have the first option to purchase from the Lessor for 10,000Baht (ten thousand Baht) or the option to find other party to purchase from the Lessor. Should the Lessee be unable to find such party to purchase from the Lessor the Lessor may sell Said Premises as he/she so wishes. The Said Premises shall not be sold or Title transferred during the Lease period. Debts accrued by the Lessor to outside parties shall not effect the lease terms.

    9.Should Thai laws allow non-Thai citizens to purchase properties, the Lessor shall give the first right to purchase the Said Properties to the Lessee as a special condition for ______Baht (_________ Baht).

    10. The terms and conditions of this Lease Agreement obligate the heirs of both parties to fulfill to the letter and shall not be altered without mutual consent.

    11. The Lessee shall be responsible for paying Building Tax (Rong Ruen Tax) and Land Tax for the duration of the lease period.

    12.On the day the Lease Agreement is made, the Lessee shall inspect the Said Premises including all the fixtures and fittings therein to be of good and tenantable condition and accepts lease responsibility henceforth.

    13. Should the Lessor be unable to carry out the terms and conditions stated above the Lessee have the right to ask for five million baht and the special condition amount that the Lessee has prepaid.

    14 In the event of the Lessee untimely death while the Lease Agreement is still in effect,the rights and obligations of the Lessor shall be transferred to________________________________________________adress________________________

    ______.

    Both parties having read and fully understanding its contents,agree to comply with all the terms and conditions. Ttherefore both parties have hereunder affixed their signatures in presence of two witnesses on the date at the place first written above.

    ___________________The Lessor

    ___________________The Lessee

    ___________________Witness

    ___________________Witness

    how old are you? will you still be around after 30 years? if so, you might want to check out a usufruct or "Sit thi gap gin ta lord shee vit" in thai, it's like a lifetime lease and you do not need to pay registration tax, just a small fee.

    30 year lease extension will probably only work of you are still happily married and your spouse still owns the land.

    LEASE AGREEMENT

    AGREEMENT MADE AT_______________

    DATE_____________

    This Lease Agreement is between__________ hereafter known as the Lessor and

    ____________ hereafter known as the lessee.

    It is hereby agreed as follows.

    1. The Lessor agrees to lease and the Lessee agrees to rent land located at ______ in accordance to

    Land Title Deed No. ______ Land Number ___________

    Book number ____________ Page number _________

    Tambon ___________ Total Land Size _____Sq Wah

    hereinafter known as the "Said Premises" for a rent period of 30 years.

    2. The Lessee agrees to a one time advance payment for the entire rent period in the amount of

    ________ Baht (_______________) to the Lessor on the date of this Agreement. The Lessor and

    the Lessee agree to register the leasing terms and conditions at the District Land Office within 7

    days after making this agreement. The rent begins on the date of registration at the District Land

    Office.

    3. Both parties agree that the Lessee shall have an option to renew this lease for an additional 30

    years, for rental terms and conditions as mutually agreed by both parties.

    4. After the date of this agreement the Lessee shall have the right to live in and conduct legal and

    socially acceptable businesses in the Said Premises during the term of this Lease Agreement.

    5. The Lessee agrees to take care of and to preserve the Said Premises as one would do to his/her

    own and maintain the upkeep of and also attend to repairs of the Said Premises which may be

    caused by accidental or intentional actions of the Lessee or the Lessee,s subordinates.

    6. The Lessee may assign or sublet the Said Premises to other Parties. Should there be the need to

    make official registration or other legal proceedings, the Lessor agrees to give consent and to assist

    the Lessee in providing proper documentation and shall not ask for any returns from the Lessee.

    The Lessee agrees to pay for any fee and other expenses that may arise from such proceedings.

    7. The Lessee agrees not to damage or deface the Said Premises or make structural alterations or

    additions thereto without the written consent in writing of the Lessor and all structural alterations

    shall be in accordance with government and municipal guidelines. The Lessee agrees to pay any

    costs involved while the Lessor agrees to provide necessary documentation in obtaining such official

    permits.

    8. Should the Lessor wish to sell the Said Premises, the Lessee shall have the first option to

    purchase from the Lessor or the option to find another party to purchase from the Lessor. Should

    the Lessee be unable to find such party to purchase from the Lessor the Lessor may sell Said

    Premises as he/she so wishes. The Said Premises shall not be sold or Title transferred during the

    Lease period. Debts accrued by the Lessor to outside parties shall not effect the lease terms.

    9. Should Thai laws allow non-Thai citizens to purchase properties, the Lessor shall give the first

    right to purchase the Said Properties to the Lessee as a special condition.

    10. The terms and conditions of this Lease Agreement obligate the heirs of both parties to fulfill to

    the letter and shall not be altered without mutual consent.

    11. The Lessee shall be responsible for paying Building Tax (Rong Ruen Tax) and Land Tax for the

    duration of the lease period.

    12. Should the Lessor be unable to carry out the terms and conditions stated above the Lessee has

    the right to ask for compensation five times the rent amount and the special condition amount that

    the Lessee has prepaid.

    13 In the event of the Lessee’s untimely death while the Lease Agreement is still in effect, the rights

    and obligations of the Lessor shall be transferred to_________

    Both parties having read and fully understanding its contents, agree to comply with all the terms

    and conditions. Therefore both parties have hereunder affixed their signatures in presence of two

    witnesses on the date at the place first written above.

    ___________________The Lessor

    ___________________The Lessee

    ___________________Witness

    ___________________

    A lease is the obvious way to protect the foreign interest, but thge options most 'lawyers' forget is the Ufruct - this ve you a stronger right to the land than lease. Title VIII Civil and Commercial Code - Section Section 1417; 'An immovable property may be subjected to a usufruct by virtue of which the usufructuary is entitled to the possession, use and enjoyment of the property'. The Land Office will only register and accept this option if you have a Thai spouse. It is probably also better in the way of taxes! It will be for life, no limit, but you can't transfer or sell it, but you are allowed to lease/ sub-lease. There is lot to say about usefrruct but better go to a reliable Thai law firm.

    My advice would be buy the property under your wife's name and lease it off her. Get your wife to make a will in favour of your child with the specific clause that she wishes you to be the manager of the property and have residence in the property until your child are 18 years of age.

    If you want to have a real secure future for your child in the event your death (and you have the financial means to provide after your death), then do this by will and testiment from Farangland. Take a look at the "General Branch" there is advice there on wills.

    With regards to leasehold

    The lease should of course only include the land (not only for tax reasons) and the buildings should preferably be owned freehold by the lessee. If at the end of the 30 years the then lessee owns the building(s) which must be registered at the local land office, and should the then lessor refuse to renew the lease - then, in my opinion (it is still uncertain, what exactly would happen at the end of the 30-year lease term) the owner will most likely have (at his option) to pay to the lessee either the price of the building or the sum representing the increase of the land or he must allow the lessee to lease the whole or part of the land at the market price to the lessee. This based on the provisions of the Undue Enrichment Code (Title VI, Undue Enrichment Civil and Commercial Code) or in the alternative the 'Acquisition of Ownership' (Title II, Ownership, Chapter I 'Acquisition of ownership', Civil and Commercial Code). The lessee will not be left with nothing.

    "The lessor agrees this loan is repayable in any case after 25 years, or within 30 days in the event of non compliance with any of the covenants of this lease, and that his or her heirs and assignees will also be bound by this repayment and these covenants and the lessor will make these heirs and assignees aware of these conditions"

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  5. Hello all. My Wife (Thai) owns land next to our new house. Lovely postion, views. A French friend came over to us for Christmas and just fell in love with our area. He retires in a year or so.

    He would like us to build him a house on this land. He intends to live here half the year.

    The Question is : Can we lease him this land ? Say over 50/60 years.Maybe any comments and point me in the right direction.

    The contract must be in Thai and French, maybe English too

    Cheers

    Pip

    You can lease the land to him for 30 years with an "option" to renew for a further 30 years. As part of the lease you can include a clause allowing him to build a house on the property. I would advise a lawyer draft the lease, particularly as you require in french, thai and english. Baker & Mckenzie in Bangkok are reputable, and contract in french,, but probably expensive. However you may be able to find your own, as I don't really give recommendations.

    Many thanks Dragonman I live Lampang county, so will follow it up in CM

    Again Thank you for your time

    Pip

    Is there a website or somewhere to get a standard lease already just to add address etc?

    would appreciate it.

  6. Not sure which route to go.

    We have 2 houses both in my Thai wifes name.She wants to sign the second one over to me because i worry if we ever broke up to have a safety net.

    The second house i want and we would like to sell in a year or 2 so i don't want to have to pay transfer fees a second time now to sign it to a company which i would have to set up.

    Seems a lot cheaper to just take out a 3 by 30year lease as the rent would be zero because i already paid for the house and also i was thinking we could cancel the lease if we wanted to sell it in a year or 2.

    Does that sound right and any comments about doing a lease for a safety net or am i better just to set up a company. My wife and I are quite strong so I doubt we would break up but i want the security of a safety net and also it's moe incentive for her not to stray.

    I do appreciate any pointers.

  7. I just bought a normal size uv drinking water filter today on sale for 6,000 in homepro. It says it's american but i would not be surprised if it was a copy.

    I saw them big ones there that you'd be looking at.

    I see the new fridges have uv water filters in them now too. good idea.

    Another thing i saw that i was thinking was a good idea was some fridges that had how much kw a year they use(189kw one was). good idea for all fridges rather than that 5 energy saving rating that means nothing. the thinest insulated ones have the same 5 rating which is bull of course.

    water filters.

  8. My wife and I have 2 houses both in her name.

    The second one that we just bought in korat she wants to put in my name to keep me happy so i have a safety net if she absounds the scene or however you say.

    We got the second house as it was very cheap and just needed a little tlc and paint and a carport and tiling to make it perfect.

    I'm wondering if i should go the company route or the 3x30 lease route.

    Likely we will only have the second house for 1 or2 years so to go the company route means i have to set up a company(10k) pay tax and also the transfer house taxes and fees(5%) which adds up to about 60k. After just paying transfer fees for her i'm looking for a better way.

    I'm guessing it would be a lot better deal to just lease it from her which i'm guessing would cost next to nothing as i would be getting the lease for free(my money bought her the house) so no tax. then in a year or 2 when it comes to selling we could cancel the lease and she could sell.

    Does that sound doable or am i better off just dumping the money and going the company route for a bit of security?

    Appreciate it.

  9. My wife is wanting small breast implants just so she doesn't have to wear padded bras as she has a complex about her tiny boobs.

    I don't want her to but she is quiet intent.

    She has being quoted 60,000 to do it by suposedly a very good doctor but i would rather she go somewhere half famous in thailand like Bumrungrad hospital or the like.

    Anyone know of anyone who has had boob implants put in here and recommendations or not?

    Appreciate it.

  10. At least in the picture above there is a road along the beach and catwalk unlike in hua hin where the only time you can see sand and water is if you stay in one of the big hotels or go walking on the beach via the one main entrance to it near the hilton.

    That i think is the main dissapointing thing about hua hin.

    "Wanted. Hijacked Beach in Hua Hin."

  11. Needs a good international school as the one there at the moment that claims to be international is a scam and a trick and a disgrace to the greedy owners and town.

    I hear one is on the way but is way way out of town.

    if the greedy owners were not so greedy and hired real teachers including real thai teachers rather than kids who can't speak English.

  12. Does HOMEPRO not have plyboard?

    I have found that most hardware shops in my town have been fairly friendly.

    But I have only ever bought PVC piping for my orange firer

    Homepro it is so. I never knew they had it. I see in their advert monthly paper they sell concrete blocks as well. i supose must order but not sure.

    I see a lot of new housing projects with the plastic like picket fences. I would rather a white wall up window level to stop bypassers seeing in windows but I have to keep house in keeping with the area.

    got quoted 160,000 for a 8x4 swimming pool too thai price including equip. good deal.

  13. always look at teak furniture over here as looking so old fashioned even if it is better to time. i see some sitting on uncomfortable teak furniture as if something is lodged up the ass. comfort is number one here rather than carrot assing.

    Any idea how much plyboard is a sheet here? i'd like the thinner ply for the walls and the thicker for the floor and deck. treehouse.

  14. Have never bought lumber here so just a quick email to find out what is more or less the price of sheets of plywood and 2x4s etc.

    Just i know in this area that the lumberyards fleece foreigners who don't know better and am wondering if i brought in a labourer to bild a picket fence around the property also. seems the housing projects go with pvc pickets so must find out about that too.

    the dual pricing thing in thailand is a right low point about thai people and especially thai-chinese.

  15. I'm single and at moment am considering a house for sale nearby. I have the asking price and the gf knocked it down about 10% so it could go further.

    The company thing smells bad so if i was to put it in the gf name and then lease from her it is max of 30 years and not life i take it. If i broke up with her down the road as people do could she upset me in the house some way. Like burn it or something.

    The company thing is a mess from this side and that confusion between life and 30 years.

    Them chinese runners of this country think westerners are evil. Some of us have things to give. they should take them things. That does sound like chinese talk alright. I still like the chinese guys even if they do think terrible things like that.

    Shame we can't invest in the contry right without all the underhand laws and silliness throw at us.

  16. Screw this house thing with company loopholes.

    Everytime i get interested in buying a house here all the acting like a snake with laws push me away from buying.

    It just makes more common sense to leave the money in the uk earning the 5% and continue renting even if it's nice to own where we stay.

    I've looked at condos also but the small size and noise just isn't for me and i know i think i would likely just move away from the condo after buying back to a decent rental house.

    Sorry for being negative but that having to snake ass with laws just seems patethic in this day and age. I know it's to protect the Thai's interest so that's fair enough. English people wouldn't feel comfortable if all their neighbours moved away and if all dark skinned real africans from africa maybe that struck oil with machine guns shouting jehad moved in.

    What about relaxing the laws on samui or Phuket island and letting foreigners buy houses for real rather than a half ass company owning it.

    ah screw it.

  17. Here is the lease that was posted on here, i saved it to my pc, so i cannot give credit to the original poster....but good on him anyway.

    This is a good starting point for your requirements...make sure you get it in thai and its registered at the land office...otherwise its only good for 3 years...but im sure you know that already

    LEASE AGREEMENT

    AGREEMENT MADE AT_______________

    _________________________________

    _________________________________

    DATE_____________________________

    This Lease Agreement is between________________________________________

    __________________________________hereafter known as the Lessor and

    ____________________________________________________________________

    __________________________________hereafter known as the lessee

    It is hereby agreed as follows

    1. The Lessor agrees to lease and the Lessee agrees to rent a single storey home and land ,located at_______________________in accordance to Land Title Deed No.______________________Land Number_______________________________

    Book number_________________________Page number____________________

    Tambon__________________________Total Land Size_____________Sq Wah

    hereinafter known as the "Said Premises" for a rent period of 30 years.

    2.The Lessee agrees to a one time advance payment for the entire rent period in the amount of________________Baht (_______________) to the Lessor on the date of this Agreement.The Lessor and the Lessee agree to register the leasing terms and conditions at the District Land Office within 7 days after making this agreement. The rent begins on the date of registration at the District Land Office.

    3. Both parties agree that the Lessee shall have an option to renew this lease for an additional 30 years, for rental terms and conditions as mutually agreed by both parties.

    4. After the date of this agreement the Lessee shall have the right to live in and conduct legal and socially acceptable businesses in the Said Premises during the term of this Lease Agreement.

    5. The Lessee agrees to take care of and to preserve the Said Premises as one would do to his/her own and maintain the upkeep of and also attend to repairs of the Said Premises which may be caused by accidental or intentional actions of the Lessee or the Lessee,s subordinates.

    6.The Lessee may assign or sublet the Said Premises to other Parties. Should there be the need to make official registration or other legal proceedings,the Lessor agrees to give consent and to assist the Lessee in providing proper documentation and shall not ask for any returns from the Lessee. The Lessee agrees to pay for any fee and other expenses that may arise from such proceedings,

    7. The Lessee agrees not to damage or deface the Said Premises or make structural alterations or additions thereto without the written consent in writing of the Lessor and all structural alterations shall be in accordance with government and municipal guidelines. The Lessee agrees to pay any costs involved while the Lessor agrees to provide necessary documentation in obtaining such official permits.

    8.Should the Lessor wish to sell the Said Premises, the Lessee shall have the first option to purchase from the Lessor or the option to find other party to purchase from the Lessor. Should the Lessee be unable to find such party to purchase from the Lessor the Lessor may sell Said Premises as he/she so wishes. The Said Premises shall not be sold or Title transferred during the Lease period. Debts accrued by the Lessor to outside parties shall not effect the lease terms.

    9.Should Thai laws allow non-Thai citizens to purchase properties, the Lessor shall give the first right to purchase the Said Properties to the Lessee as a special condition.

    10. The terms and conditions of this Lease Agreement obligate the heirs of both parties to fulfill to the letter and shall not be altered without mutual consent.

    11. The Lessee shall be responsible for paying Building Tax (Rong Ruen Tax) and Land Tax for the duration of the lease period.

    12.On the day the Lease Agreement is made, the Lessee shall inspect the Said Premises including all the fixtures and fittings therein to be of good and tenantable condition and accepts lease responsibility henceforth.

    13. Should the Lessor be unable to carry out the terms and conditions stated above the Lessee have the right to ask for compensation five times the rent amount and the special condition amount that the Lessee has prepaid.

    14 In the event of the Lessee untimely death while the Lease Agreement is still in effect,the rights and obligations of the Lessor shall be transferred to________________________________________________adress________________________

    ______.

    Both parties having read and fully understanding its contents,agree to comply with all the terms and conditions. Ttherefore both parties have hereunder affixed their signatures in presence of two witnesses on the date at the place first written above.

    ___________________The Lessor

    ___________________The Lessee

    ___________________Witness

    ___________________Witness

    :o:D

    Is that agreement available in Thai already. Anyone have any links to thai sites with rental agreements already posted in thai and English? Would be handy if there was a place.

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