Worried about condo Agent

[DefaultName]

3 years in condo and a couple of months back my condo agent offered me a good rate if I paid a year up front, I did.  

I've now heard a rumour that the agent is in debt and may skip town.  

 

I have a contract and receipt from the agent, but I don't know if the money has been paid over to the owner (who I don't know).  So, if the agent does skip, and the owner shows up asking for rent, have I any legal rights at all?

 

I'm thinking no, but someone here will know for sure.  The money won't cripple me, but it's more than I want to lose.

 

Thanks.

[jackdd]

With who do you have the contract, the agent or the owner?

[DefaultName]

6 minutes ago, jackdd said:

With who do you have the contract, the agent or the owner?

The agent made it, I've never met the owner.

[jackdd]

3 minutes ago, DefaultName said:

The agent made it, I've never met the owner.

Do you have any paper, like a power of attorney or similar, which shows that the owner gave the agent the permission to rent out his property?

[DefaultName]

3 minutes ago, jackdd said:

Do you have any paper, like a power of attorney or similar, which shows that the owner gave the agent the permission to rent out his property?

No, he is the agent for a lot of condos in this building though.

[jackdd]

6 minutes ago, DefaultName said:

No, he is the agent for a lot of condos in this building though.

But this means you don't have any legal rights.

The owner could just show up one day, say he never gave anybody the permission to stay there / rent it out and kick you out, or just have you arrested for:

Quote

Section 362. Trespass

Whoever, entering into the immovable property belonging to the other person so as to take possession of such property in whole or in any part or entering into such property to do any act disturbing the peaceful possession of such person, shall be imprisoned not out of one year or fined not more of two thousand Baht, or both.

 

So imho there is not much you can do, just hope that everything goes well and when the contract is over either request proper documents or move out.

[DefaultName]

About what I thought, thanks.

[SteveK]

If your money never made it to the condo owner, you will have no rights and could be evicted immediately. I would try and contact the condo owner if possible.

[amykat]

Wait a minute ....I would not ask the owner.  The owner might have the money but once he sees that you don’t KNOW that, that you doubt it ...he might quickly say ...NO, I received nothing!!!  Time for you to pay again or get out.

 

He will happily take double the rent.  Your agent might have been looking to get his commission early, or a larger one, by making this deal, rather than running off with all the money.  I would be worried, but just shut up and see what happens, do not reveal anything.  

 

And do not make it your problem anyway if you can.  Be Thai and make it their problem, owner picked that agent to work for him, his fault he stole the money if that happened.  Did you pick that agent to represent him ??? NO

[amykat]

If you go to some business, Tesco, a restaurant, whatever, buy somethings, leave, the employee steals the money, does someone come back to you later and say you need to pay again or give the stuff back?  No, their agent that they hired, stole from them, not from you.  I believe you can look at this situation that way, and this landlord might automatically see it that way also, as long as you don’t call up and try to take responsibility for paying the loss.

[KittenKong]

4 minutes ago, amykat said:

If you go to some business, Tesco, a restaurant, whatever, buy somethings, leave, the employee steals the money, does someone come back to you later and say you need to pay again or give the stuff back?  No, their agent that they hired, stole from them, not from you.

It all depends on whether or not the agent is actually a real one and has a valid contract with the owner.

It is far from unheard of for so-called "agents" just to be someone who happens to have a key to a unit that they know to be empty.

It is also quite common for real agents with real contracts to let units out without ever telling the owner about it and then pocketing the money.

 

Scams of all types abound here and anyone who says otherwise is a fool.

[amykat]

Yes, I know, but he has been living there for 3 years he says.  He says the agent works for many landlords in the same building.  Doubtful the person is a total scam.  If he is renting on behalf of a landlord who does not know his unit is being rented, well the OP is still getting what he paid for, the landlord is the victim.  So my advice stands ....don’t go looking for landlord.

[DefaultName]

This agent has been there for years, I have no reason to think that he wasn't authorised. 

I'm going to have to shut up and wait anyway, this IS only a rumour at the moment.  If I say anything, and it's true, I run the risk of precipitating things, if it's wrong, I've pissed off an honest man.  Lose, lose.

[alacrity]

Why pay if the owner hadn't signed the new contract?

Why didn't you check?

Have others signed such agreements for extensions?

If so, are they concerned?

 

The longer you leave such issues. They become more difficult to address.

Perhaps it's now time to take control of your well being.