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blackcab

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Posts posted by blackcab

  1. Q: So it's not purchasing the rooms individually as such, it's the whole building and therefore the land which they sit on. ??? Am I correct  ??

     

    A: You are correct. This is an apartment building.

     

    Q: Also, is there any safe ( safe for me and my $$ )  any safe way to circumvent the above ???

     

    A: The only way would be with a limited company with a preference share structure. "Safe" is relative. One day the law might change to disallow this type of legal structure, but for now it is allowed.

     

    Q: Could it be purchased under two names ( me & my Thai partner on the Title )   ???

     

    A: No. A non Thai person cannot own this type of land and building.

     

    Q: Could it be purchased under a company name ?? 

     

    A: Yes, but you could only own a minority of the company. There are, however, structures which give you control of the company through preference shares.

     

    Q: So I would have to set up a company through a Thai lawyer .. ?  and this maybe very expensive ??

     

    A: Companies can be set up inexpensively, however you would require a preference share structure. You get what you pay for - just make sure the lawyer you use comes recommended by someone who knows what they are talking about.

     

    Q: Is there another way to go about it that is easier  ????

     

    A: No. If you are absolutely set on the idea then it will have to be the company route.

    • Thanks 1
  2. A couple of things: You can make a contract, but the point is what are you going to do if the other party does not perform?

     

    You can spend a lot of money and many years taking the matter through all three levels of Court, and at the end the seller will have no assets and you will receive nothing for their non performance.

     

    Personally, I would not purchase this land until it has been upgraded. Even then, you need it surveyed before you purchase as the regulations surrounding construction on a slope have recently changed. Now it is much harder to get permission to build on a slope.

     

    Previously, you could get permission to build on a 50 degree slope. Now, the maximum is 35 degrees, and if the slope is between 25 and 35 degrees you will be restricted.

     

    Specifically, if the slope is between 25 and 35 degrees your property will need a very high percentage of green space, and also trees and rocks over 50 centimeters diameter cannot be removed.

     

    I would suggest that before you spend 50 million baht on a piece of property you pay someone who really knows what they are doing to survey and evaluate the land for you.

    • Like 1
  3. No. This type of title deed cannot be granted permission to build.

     

    What you could do is get the owner to visit the Land Office and see if the title can be upgraded. If it is possible you will have to pay the Land Office for the upgrade, but it would be worth it.

     

    You need to get the title to at least Nor Sor 3 in order to get permission to build.

  4. No. The possessor cannot get permission to build on this land, mainly because they don't own it - the government does.

     

    The best situation is that the owner had a certificate of utilisation to go with the land. With this the owner will be able to register the sale at the Land Office.

     

    Without it the land can only be inherited within the owner's family.

  5. The easy answer is take the evidence to the local Labour Protection and Welfare office. The officers will examine the material and tell you if you have a case.

     

    If you do have a case they will help you obtain any monies due.

     

    You don't actually need a contract. If you were employed then your employer would have been paying Social Fund contributions. That alone is enough to establish that you were employed.

    • Thanks 1
  6. On 6/18/2019 at 5:44 AM, Rob180 said:

    Not only do you not really know where your passports, marriage certificates, bank statements etc are going, when they get to this unknown place...

     

    A little known fact is that anyone can telephone Royal Mail customer services and ask for the full street address of any PO Box.

     

    All PO Boxes must be linked to a physical street address, and the Royal Mail are quite clear that they will provide this information on request.

    • Like 1
  7. On 7/3/2019 at 5:51 PM, KhaoYai said:

    However, with a properly registered Usufruct, the owner can be prevented from selling the property or allowed to sell it but the buyer must sign a new Usufruct. It all depends on how the Usufruct is constructed.

     

    This is incorrect. An owner cannot be prevented from selling, and a new buyer cannot be forced to sign a new usufruct.

     

    When a piece of land with an extant usufruct is sold the extant usufruct remains on the title deed until it is cancelled or expires.

     

    In other words a property with a usufruct registered against it can be sold, but the purchaser must accept and honour the usufruct.

  8. The .co.th does not have to exactly match the registered company name, but there has to be at least one similar word in the registered company name.

     

    For example, The Fruit and Vegetable Co., Ltd. could potentially have fruit.co.th or vegetable.co.th

     

    You couldn't have durian.co.th or rice.co.th though.

     

    If you really want the domain name consider changing the registered name of your company.

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