Condo Buyer Won't Change Ownership On Chanote

[Pattaya Spotter]

So here is the situation: My friend sold his condo over a year ago but the buyer has yet to have to chanote changed over into his name. My friend would like his name off the chanote so as he is no longer the legal owner of it or have any financial or other responsibilities related to the unit. Is there any way to force the buyer to act? Can a notice be filed that the registered owner/seller of said is no longer its owner? Any comments or suggestions welcome.

[Pilotman]

Has he banked his money for the condo? If so, he should issue a receipt for that money, plus proof it arrived in the bank and from where, and detail the condo  Chanute details on the receipt.  Send a copy of this to the condo management company. This is at least a first a step to prove it has been sold. 

[Pattaya Spotter]

3 minutes ago, Pilotman said:

Has he banked his money for the condo? If so, he should issue a receipt for that money, plus proof it arrived in the bank and from where, and detail the condo  Chanute details on the receipt.  Send a copy of this to the condo management company. This is at least a first a step to prove it has been sold. 

Yes it's all paid for and signed off on...the new buyer is living there and has the chanote and condo book now. He just is a lazy sod and hasn't gone to the land office to make it all official. The seller doesn't want to be liable for the annual association dues or anything else conto related but fears he could be because it's still registered in his name.

Edited December 28, 2020 by Pattaya Spotter

[Peterw42]

Your friend hasnt sold his condo.

If his name is still on the chanote then no sale has taken place. Some money may have been exchanged but unless the transfer and fees/taxes have been done at the land office, your friend still owns a condo.

 

The only way to transfer ownership is both parties attend the land office, pay the transfer fee and taxes and transfer the ownership. possession of the chanote is not ownership.

 

Tell your friend to take the buyer to the land office and do a transfer. or refund/pocket the money and literally sell the condo again to someone else, 

 

 

[ChipButty]

Start charging him rent

[Pattaya Spotter]

1 minute ago, Peterw42 said:

 

Tell your friend to take the buyer to the land office and do a transfer. or refund/pocket the money and literally sell the condo again to someone else, 

Maybe write a formal letter to the buyer and send via registered mail that he has 30 days to effect the transfer of the unit (agree to a date for the land office) or he will forfeit his purchase money and the seller will move to evict him and take back possession of the it. Something like that maybe?

[BangkokAlan]

If new owner is just too lazy to do it get your friend to do a POA with the buyer and transfer on behalf of the new owner then he doesn't have to do anything.Normally transfer fees are 50% buyer and 50% seller so he will have to make sure he get the transfer fee from the new buyer so he doesn't lose any money. Also if he doesn't want to do it its technical still your friends ownership which is a bit foolish of new owner he has paid and doesn't have the ownership in his name. If sold via agent get agent to push on the transfer.

 

The only financial implications are yearly common fees which if not paid the management will shut off utilities so the new owner wont be able to live there until paid and property tax which is only about 1-2K a year and this year was -90% reduced by government.

 

 

[Pattaya Spotter]

4 minutes ago, BangkokAlan said:

If new owner is just too lazy to do it get your friend to do a POA with the buyer and transfer on behalf of the new owner then he doesn't have to do anything.Normally transfer fees are 50% buyer and 50% seller so he will have to make sure he get the transfer fee from the new buyer so he doesn't lose any money. Also if he doesn't want to do it its technical still your friends ownership which is a bit foolish of new owner he has paid and doesn't have the ownership in his name. If sold via agent get agent to push on the transfer.

 

The only financial implications are yearly common fees which if not paid the management will shut off utilities so the new owner wont be able to live there until paid and property tax which is only about 1-2K a year and this year was -90% reduced by government.

 

 

The POA is a good suggestion and probably the way to go. It was a friend to friend all cash transaction...guess that's why the buyer is just sitting on it and not worrying about it. But the seller does want to get his name off the chanote and its been a year already (admittedly a Covid year).

Edited December 28, 2020 by Pattaya Spotter

[ChipButty]

When he did the transfer did they both go to the land department?

[ChipButty]

13 minutes ago, Pattaya Spotter said:

The POA is a good suggestion and probably the way to go. It was a friend to friend all cash transaction...guess that's why the buyer is just sitting on it and not worrying about it. But the seller does want to get his name off the chanote and its been a year already (admittedly a Covid year).

Your friends name will always be on the Chanote it should show all the previous owners

[sanuk711]

Advertise it for sale at a real low price with his phone number or apply at Condo for Viewing.

 

Do not accept any phone calls from him----for 2 weeks.

 

I think it will be settled quite quickly..........................................

 

***make sure he signs statement that he is responsible for all fees for that period.

[ExpatOilWorker]

If the old owner should die or move away from Thailand the new owner will have a nightmare on his hands if he ever wants to sell the unit. It is in his best interest to sort this out pronto.

[sungod]

Tell the new 'buyer' he doesn't own it, should should get him off his ass.

[FritsSikkink]

54 minutes ago, Pattaya Spotter said:

Yes it's all paid for and signed off on...the new buyer is living there and has the chanote and condo book now. He just is a lazy sod and hasn't gone to the land office to make it all official. The seller doesn't want to be liable for the annual association dues or anything else conto related but fears he could be because it's still registered in his name.

Your friend should have gone with him to the land office on the day of sale.

[orchis]

sell it again.

[Oldie]

Why does your friend care? In the end he is still the owner. The buyer (no - the guy who gave your friend the money) should be nervous. If for instance your friend dies he will understand why... Your friend is a lucky guy. He has the condo AND the money. 

[Pilotman]

1 minute ago, Oldie said:

Why does your friend care? In the end he is still the owner. The buyer (no - the guy who gave your friend the money) should be nervous. If for instance your friend dies he will understand why... Your friend is a lucky guy. He has the condo AND the money. 

yes, but no chanute, he said earlier that it is with the guy who will not sign it, so he can't sell it again. He needs to get himself and a lawyer to the land office, as this could easily turn to worms. 

[Bender Rodriguez]

don't you have to do this kind of stuff at the land department to start with ???

[Oldie]

20 minutes ago, Pilotman said:

yes, but no chanute, he said earlier that it is with the guy who will not sign it, so he can't sell it again. He needs to get himself and a lawyer to the land office, as this could easily turn to worms. 

If he wants he can get a new Chanute at the Land Department.

[ChipButty]

5 minutes ago, Oldie said:

If he wants he can get a new Chanute at the Land Department.

Not as easy as that, have to make a police report did the guy use a lawyer? we dont know.

[Pattaya Spotter]

1 hour ago, ChipButty said:

Your friends name will always be on the Chanote it should show all the previous owners

I think you know what I mean...but yes, you are correct.

[Pattaya Spotter]

56 minutes ago, FritsSikkink said:

Your friend should have gone with him to the land office on the day of sale.

Well like I said it was a friend to friend sale...and who pays 3M baht for a condo and doesn't add his name to the chanote? I'm just looking for suggestions to light a ???? under the buyer to get him off his behind.

[Pattaya Spotter]

52 minutes ago, Oldie said:

Why does your friend care? In the end he is still the owner. The buyer (no - the guy who gave your friend the money) should be nervous. If for instance your friend dies he will understand why... Your friend is a lucky guy. He has the condo AND the money. 

Yes...but he's a stand up guy and just wants to finalize the sale.

[Oldie]

8 minutes ago, Pattaya Spotter said:

Yes...but he's a stand up guy and just wants to finalize the sale.

He has the money already. And if the other guy wants to be in the Chanute as owner or if the contract is legally correct or if the buyer can prove that he transferred the money from outside the country to Thailand is not your friends problem. He should relax and let the other guy ask him for help. 

[sanuk711]

5 hours ago, Pattaya Spotter said:

So here is the situation: My friend sold his condo over a year ago but the buyer has yet to have to chanote changed over into his name. My friend would like his name off the chanote so as he is no longer the legal owner of it or have any financial or other responsibilities related to the unit. Is there any way to force the buyer to act?

 

If they didn't go to the land office----------Who paid the tax ?...........or should we not ask

[Pattaya Spotter]

15 minutes ago, sanuk711 said:

 

If they didn't go to the land office----------Who paid the tax ?...........or should we not ask

I'm not sure you understand...the seller wants to go to the land office and complete the transaction (and pay the required transfer taxes and fees) but the buyer keeps putting it off. As I said, the buyer paid for the unit a year ago and the seller handed him the chanote. They were to go to the Land Office to formalize the sale at the buyer's convenience...the seller is still waiting.

[DefaultName]

I'm wondering if the buyer has some reason to avoid officialdom.

 

I bought a few months back and insisted on the transaction being completed at the Land Office so that I could be certain all was above board - I didn't have any worries really, but am not in a position to risk that sort of money.

Edited December 28, 2020 by DefaultName

[digger70]

Condo Buyer Won't Change Ownership On Chanote

 

Something very Wrong here , Your Friend Still Owns the condo  if the chanote is not signed over to the Buyer.

I don't believe your Friend is telling you everything. Either the buyer didn't pay in Full or your Friend is talking Porkies.

[Pattaya Spotter]

28 minutes ago, digger70 said:

Condo Buyer Won't Change Ownership On Chanote

 

Something very Wrong here , Your Friend Still Owns the condo  if the chanote is not signed over to the Buyer.

I don't believe your Friend is telling you everything. Either the buyer didn't pay in Full or your Friend is talking Porkies.

We're all three of us friends and I was present at the "closing" when the buyer presented the Thai bank cashier's check for the condo and when the seller handed over the condo book and the chanote...sorta like a disinterested third party. Believe me when I say the buyer is just lazy...but I like the POA idea or the registered letter ideas.

Edited December 28, 2020 by Pattaya Spotter

[digger70]

2 minutes ago, Pattaya Spotter said:

We're all three of us friends and I was present at the "closing" when the buyer presented the Thai bank cashier's check for the condo and when the seller handed over the condo book and the chanote...sorta like a disinterested third party.

If you were there then you should've Seen that when All the money was paid (if the Check was  good )that the Chanote Was /Suppose to be Changed into the New Buyers Name  If not  someone is Not Telling the Truth.