Property Sold - Seller Will Not Leave

[OneMoreFarang]

15 hours ago, Seafarer124 said:

Seller said they would not be moving till the end of the month.

 

[...]

 

I will be seeking legal advice in the morning.

The end of the month is in 15 days. Maybe just relax and wait two weeks.

Or what do you think you can achieve legally in that time and at what cost and effort? 

[GreasyFingers]

2 hours ago, itsari said:

 Bought a house in England 1974 . All light bulbs were removed plus the toilet roll holder . 

I know of one, as agent, where they removed the locks from the internal doors.

[Nanaplaza666]

As seafarer124 said , just wait for 14 days . I geuss in those 14 days you can't have a lot done looking for lawyer etc . I think if you wan't them to leave asap you have to be prepared to stand your ground and be there every step of the way because their is a big chance there will be damage . Also as some other poster said i cannot understand why this was not discussed during the sale .

[thailand49]

If condo, drill out lock and put new one!  If house cut lock put new one!  end of story. ????

[khunpeer]

11 hours ago, ezzra said:

To diffuse the situation, Ask your lawyer to give them the option to stay until the end of the month but pay rent, you also have the right now to disconnect the property from the electricity supply forthwith and see how he will like them apples...

yeah, I was going to say:"you need a good lawyer"

he knows which way to go. it will cost you some, but it saves you a lot of headache!

in which city was this?

[OneMoreFarang]

14 minutes ago, thailand49 said:

If condo, drill out lock and put new one!  If house cut lock put new one!  end of story. ????

And then?

Probably there are still things in the place which belong to the former owner and and and.

Does it really make sense to escalate a situation which can be peacefully resolved within a few days?

 

Recently I saw in an office building a big room which looked like someone deliberately destroyed everything in that room. The office has a glass door and it was easy to see that the whole ceiling was destroyed. Maybe they also used some big hammers in the bathroom, whatever.

I think: Don't pressure other people without good reason or bad things might happen.

 

[Rampant Rabbit]

move in with them.

[onekoolguy]

45 minutes ago, thailand49 said:

If condo, drill out lock and put new one!  If house cut lock put new one!  end of story. ????

Sounds easy right.

A partner talked me into doing that one time. Spent over a year in court dealing with the resulting suit. I would say I eventually won, but that would be debatable considering the legal fees!

[thailand49]

1 hour ago, OneMoreFarang said:

And then?

Probably there are still things in the place which belong to the former owner and and and.

Does it really make sense to escalate a situation which can be peacefully resolved within a few days?

 

Recently I saw in an office building a big room which looked like someone deliberately destroyed everything in that room. The office has a glass door and it was easy to see that the whole ceiling was destroyed. Maybe they also used some big hammers in the bathroom, whatever.

I think: Don't pressure other people without good reason or bad things might happen.

 

Why do you assume the worst!  Although your example is a dandy just because we are in someone else country doesn't mean everyone including Thais are mafia, etc.. maybe it is too much Thai T.V.? 

 

Look if the story is correct then maybe the Thai guy is thinking farangs are just too scare to do anything!  Listen to yourself " escalate "  when someone sells you something then thumbs their nose at you by staying and just plans to leave end of the month " I think escalation has  already happened "  " peacefully resolved "  someone like this who thinks the way they do is either stupid or have things backward or maybe both.

 

As I noted change the lock if he wants to break the door down and destroy his own personal property I say knock himself out!

 

 

[thailand49]

1 hour ago, onekoolguy said:

Sounds easy right.

A partner talked me into doing that one time. Spent over a year in court dealing with the resulting suit. I would say I eventually won, but that would be debatable considering the legal fees!

Before you continue is your story exactly exactly the same?  if not end of story just like the locks. 

 

The property was sold money change hands, whether it was noted verbally or written the sellers fail to disclosed!  even in Thailand this is applicable in their laws I'm not going to go into your situation but I know it wasn't exactly as we are talking here so we are talking apples and oranges! 

 

Based on the story by the ops the seller fail to disclosed which gives the right to buyer to take possession. No one is saying to sell or destroy his property but if he wants it back needs to contact the new owner and make some financial arrangement to obtain his possession back.  Personally anyone who does anything different in my book deserves what they get!  Just my two cents it is pretty simple for me even in this country, yes it is their and I and others don't come here looking for trouble but at the same time don't expect everyone to bend over and take it up the butt! It is simple!

[akaika]

I went through  similar but different situation and the details may still be relevant.  In my case, I bought foreclosed property from the bank but was willing to allow the previous owners to remain until such time that I needed to commence remodeling.  They had actually been squatting in the property for more than 5 years after the bank foreclosed.  The bank said they 'have to allow this' until such time as they sell the property or the previous owner commits some act that damages the property.

Anyway, they were nice and I didn't want to upset them because they actually owned the neighboring land as well.  However, the bank lawyer informed me that if they later refused to move out, I could have some difficulty.  They explained the legal system that I might need to go to court  on my own or with my own lawyer.

The bank legal department said it was much better to allow the bank to remove them first.  Then if I wanted to rent the property I could do so.  Even starting the same day.  And so I did exactly that.  This required going first to the provincial court in Chonburi.  The bank lawyer talked, the judges talked, I singed what seemed like 100 papers and we went back to the land office and I singed about 50 more papers and then back to the court again for a single form which I understand was an eviction order.  Then we went to see the previous owners and they had to move everything out but after doing so, they decided not to rent after all nd stayed in their other property.
 

 

 

[nickmondo]

why anyone would buy a property in this country is beyond me

far too risky, and as a farang, you have zero rights, as you are now finding out

good luck

[Stevemercer]

You (or someone else) must have dealt with the seller/occupier a fair bit. What is their impression of that person? Is it a single person, couple or family? Do they seem reasonable. Maybe they do intend to move out in 2 weeks and it is all a bit of a miscommunication?

 

Are they moving to a rental property and their lease starts at the end of the month? Maybe they had arranged this a few weeks ago, but the sale was finalised quicker than they anticipated. They would not want to do anything that might jeopardise the deal and hoped [ expected they could stay until the end of the month.

 

Maybe you should lock them into a definite date for them to move out and for a final property inspection with you both present. 

[Liverpool Lou]

19 hours ago, Don Chance said:

Twist is that farang can not own land. Sorry Charlie!

What's that got to do with the OP's situation or the sellers occupation of the property that they don't own?   

[Don Chance]

17 minutes ago, Liverpool Lou said:

What's that got to do with the OP's situation or the sellers occupation of the property that they don't own?   

If it is a house then the farang has no legal right to the property. Sounds like the OP did not do DD.

50 Shades of RE Scams

[Liverpool Lou]

1 minute ago, Don Chance said:

If it is a house then the farang has no legal right to the property.

Really?  Why's that, then?

 

Does the vendor have a right to be there after it's been sold?

Edited May 15, 2021 by Liverpool Lou

[Don Chance]

2 minutes ago, Liverpool Lou said:

Why?

Because you are no Thai! You farang!

[Liverpool Lou]

13 minutes ago, Don Chance said:

15 minutes ago, Liverpool Lou said:

Why?

Because you are no Thai! You farang!

So?

You seem to be under the misapprehension that foreigners can't own houses here, or expect access to property that they have bought.

Edited May 15, 2021 by Liverpool Lou

[tonboy]

So you have to wait 2 whole weeks ? wow. Yes, get the police and throw them out....
Remember this is Thailand. They can do much more damaged to you or your property.
Relax, breath and just wait 2 weeks. 

 

[1FinickyOne]

17 hours ago, itsari said:

 Bought a house in England 1974 . All light bulbs were removed plus the toilet roll holder . 

You can probably relax now... those light bulbs would have probably burned out anyway, long ago... and i bet there are places nearby to find new ones to replace them... 

[1FinickyOne]

14 hours ago, rumak said:

 Lawyers ?  does anyone know a good one?

 

yes... not just a good one, but the best!

[rumak]

Just now, 1FinickyOne said:

yes... not just a good one, but the best!

remember to send that info to me .........  ????

 

 

 

[BestB]

Police highly unlikely to help and most likely will tell you to go to court.

to cover your basis , send a letter of demand to vacate within 15 days and ask for rental.

 

if he does not respond or vacate get a police report and see lawyers but you could always wait for 2 more weeks and he/she may well vacate without any problems.

 

maybe unable to find a suitable condo, maybe flight out is then or maybe new place not ready yet.

[Road Warrior]

a snake thro the window should do the trick !!

[pixelaoffy]

Why do people sign contracts to a buy a property with the previous owner or anyone still inside ? Naive 

[Pravda]

12 hours ago, Liverpool Lou said:

So?

You seem to be under the misapprehension that foreigners can't own houses here, or expect access to property that they have bought.

 

Actually he does have a point. 

 

Remember that documentary from a few years back about some fat brit buying a house with his bargirl under company name? She hired a lawyer who faked a signature and sold a house. Because he bought under company name and thought he protected himself he couldn't even sue a criminal lawyer. 

[Liverpool Lou]

2 hours ago, Pravda said:

14 hours ago, Liverpool Lou said:

So?

You seem to be under the misapprehension that foreigners can't own houses here, or expect access to property that they have bought.

 

Actually he does have a point. 

No, he doesn't have a point.  Foreigners can buy and own houses in Thailand.  Although in this case, as he refers to "we" in the OP, the chances are that the property, if it's not a condo, is in a Thai's name.

 

This is not about bargirls and bent lawyers appropriating foreigners property bought with illegal companies.

[clivebaxter]

22 hours ago, itsari said:

 Bought a house in England 1974 . All light bulbs were removed plus the toilet roll holder . 

Friend bought a house in the UK in the 80's, sellers had even dug the lawn up and taken it with them!

[Tanlic]

17 hours ago, nickmondo said:

why anyone would buy a property in this country is beyond me

far too risky, and as a farang, you have zero rights, as you are now finding out

good luck

That is utter rubbish,,,you can own any condo and have the same rights as any Thai plus hyndreds of thousands of farang own houses here through a company they control and have never had a problem....The minute the Thai authorities do something untoward like strat taking land and houses back there undeath Tourism

[herwin1234]

I hope the OP keeps us informed about this interesting story so we can learn from it.

 

In my opinion, just chillax and over two weeks they move out. I hardly can see whats the big deal here, why are you so hellbend on getting them out RIGHT NOW. This is not a matter if the law is at your side, but how to solve things smoothly.

 

THE BEST WAY is go to the seller and with a big smile tell him its no problemo he stays until the end. 

 

In my opinion, anything you do, a laywer, changing the locks, asking rent for two weeks (what a childish advice)etc, YOU CANNOT WIN and possibly will regret it, a little bit or deeply. you make problems, he will return the favor...

 

Just take a deep breath, accept things arent going the way you want and you have to be patient for two weeks.