Jump to content

ballbreaker

Advanced Member
  • Posts

    1,349
  • Joined

  • Last visited

Posts posted by ballbreaker

  1. I suspect using emails or talking to bank on the phone will not get you satisfaction. Not sure about other banks but Bangkok Bank has a nice official account complaint/problem form (not sure what form was called) you fill out at bank branch of your account. My account was debited for an amount I never received last year and I completed one of these forms and funds were back in my account a couple day later after they investigated.

  2. It should be easy because the company that currently owns condo is selling that asset. The owners of the company will be responsible for closing down the company.

    Since a foreigner cannot own more than 49% of Thai company it requires a power of attorney from vote of share holders I suspect. Remember at least 2 Thai people own 51% of the company and perhaps lawyer and someone he knows are those 2 people.

    Make sure your purchase contract states you are only buying the condo asset from company. Also confirm you agree at most to only pay the transfer fee (2%) from below listed transfer cost.

    Transfer Cost

    Transfer fee rate= 2% the buyer or 50/50 split Specific Business Tax rate= 3.3 % the seller (if owned less than 5 years) Stamp duty rate= 0.5%* the seller (if owned more than 5 years) Withholding tax (income) rate= 1% or progressive rate** the seller (as this relate to the seller's personal or corporate income tax)

    If you feel uncomfortable walking through process on your own what's another 5k-10k baht to hire someone if your spending millions of baht on purchase.

    Four years ago I used Lek at Pattaya Real Estate & Consultants after she was recommended by several people. At that time it cost 5k baht for her to review my contract and accompany me to land office and insure all ducks were in line before I handed over cashiers check. Her office is located on Pattaya Tai a couple shops past Soi 10 going toward Sukhumvit.

  3. Perhaps we have a legal expert who will know if following process could be used to recover unpaid condo maintenance fees.

    Thailand has something called Kwaeng Court or District Court that handles small claims not over 300,000 baht. Using this process is much faster than a normal civil case.

    The plaintiff, condo JPM, would verbally present the case to the court on scheduled date without a lawyer but it will require the plaintiff to prepare all documents to file the legal complaint to schedule court date. A lawyer could be used to draft the complaint if JPM was unable to prepare document with the help of staff at court house.

    If the court agrees the plaintiff has a valid case a court order will be issue directing the defendant to pay debt.

    If the defendant fails to make payment under terms of the court order the plaintiff reports to the court and ask court to appoint a legal execution officer. The plaintiff would provide asset information of the defendant (condo in this case) to legal execution officer and he would move forward with selling property to cover debt.

  4. Our condo uses English version of Quickbooks Enterprise. I do not think version is available that allows switching back and forth between English/Thai. Our Thai accounting person has no problem using English version.

    It does everything else you mention. It also has something called audit trail that cannot be turned off. It records any entries that are made in Quickbooks which makes it easy to know who has made a mistake and what was changed including time and date.

  5. You can lease or get an usufruct from her mother but not from your wife if you are legally married.

    Not correct. I have an usufruct from my wife duly registered at the land office

    How do you reconcile that with item #6 in post #22?

    I'm not asking to be a wise ass, I am curious. I have heard the same, that any contract between married folks in Thailand is problematic.

    Can anyone shed some light?

    A usufruct between husband and wife can be registered at land office.

    From Thailand Commercial and Civil Code: Book 4 Chapter 4 Property of Husband and Wife

    Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

  6. Summary of good advice plus a few other items.

    1. Use a good lawyer.

    2. Invest only what your willing to walk away without.

    3. Obtain usufruct or lease while land still in MIL name b4 transfer to wife.

    4. Also obtain a superfices while land still in MIL name.

    5. Any contracts should be entered on back of chanote.

    6. Contracts between married couple can be cancelled by either party at any time.

    7. Make sure building permit and contract with builder are in your name.

    8. If you obtained the superfices, building permit and builders contract in your name I think you will be issued blue house book with you as owner and wife added as resident.

    9. You will need to apply for yellow house book that will list you as owner and resident.

×
×
  • Create New...