need help for Pattaya developer who refuses to refund the down payment after fail to build the condo

[Gaby L]

Dear all,

 

I signed purchasing contract back on 2020 January and paid 30% down payment about 60k USD to Palm Ocean--the Pattaya developer ,

they canceled this project but also refused to refund the down payment i paid , I hired attorney its been a year back and forth  but the local Police department including high ranking polices are protecting the developer and not helping the buyers, its such a scam, I need help ,any one has advise ?I m in the U.S.

 

Gaby

 

 

 

[Halfaboy]

Try to contact the Office of the Consumer Protection Board. This is quite a powerful and active body.

 

Good luck !

 

Website : https://www.ocpb.go.th
Complaint online : https://complaint.ocpb.go.th
Contact us : Call 1166 , Email : [email protected]

Provincial : City Hall in every province

[Gaby L]

thank you ,will do!

[WEBBYB808]

Really!  You think you have rights here as a foreigner?  Everything  here is geared to give the locals the edge.  If you are married, buy a house, put it all in her name, as many do, and yes there are ways around this, but still many still put everything  in the spouses name.  Then after a bit you learn it isn't  going to work, and you get an attorney  to divorce, and get your half. The attorney  will certainly take your money knowing all to well he is supposed to represent  you, but he or she can do nothing.  She would have to sale the house and then give you a portion.   Guess what the house will never be sold.  What does this have to do with your situation?  Nothing and everything!  If you didnt put measures  in place before they see you coming, then you can do absolutely nothing.  This whole system is designed  to give the locals the advantage  always.  Did you have a written contract?

[WEBBYB808]

20 minutes ago, Halfaboy said:

Try to contact the Office of the Consumer Protection Board. This is quite a powerful and active body.

 

Good luck !

 

Website : https://www.ocpb.go.th
Complaint online : https://complaint.ocpb.go.th
Contact us : Call 1166 , Email : [email protected]

Provincial : City Hall in every province

Yeah, and the developers  of the monstrosity sitting in front of Bali Hai are getting their money back, and giving to the investors who have lost millions.  If laege conglomerates can't get their money back then what chance does the little man have.  I see this all the time.  Most of the time people end up spending many times over the actual  cost of a project just to get what they originally wanted.

[MRToMRT]

One the amazing things about living in Thailand. The lack of justice.

[ezzra]

20 minutes ago, WEBBYB808 said:

Really!  You think you have rights here as a foreigner?  Everything  here is geared to give the locals the edge.  If you are married, buy a house, put it all in her name, as many do, and yes there are ways around this, but still many still put everything  in the spouses name.  Then after a bit you learn it isn't  going to work, and you get an attorney  to divorce, and get your half. The attorney  will certainly take your money knowing all to well he is supposed to represent  you, but he or she can do nothing.  She would have to sale the house and then give you a portion.   Guess what the house will never be sold.  What does this have to do with your situation?  Nothing and everything!  If you didnt put measures  in place before they see you coming, then you can do absolutely nothing.  This whole system is designed  to give the locals the advantage  always.  Did you have a written contract?

Rubbish... Foreigners have as much rights as Thais, well, almost, but this is an outright scam and unless the developer has gone bust and bankrupt deposits can be recuperated back through the courts of which the said scam artist will pay court's fees for the plaintiff...

[Pravda]

You got scammed and I'm sure a lot of Thais got scammed too 

 

 

[FritsSikkink]

31 minutes ago, WEBBYB808 said:

Really!  You think you have rights here as a foreigner?  Everything  here is geared to give the locals the edge.  If you are married, buy a house, put it all in her name, as many do, and yes there are ways around this, but still many still put everything  in the spouses name.  Then after a bit you learn it isn't  going to work, and you get an attorney  to divorce, and get your half. The attorney  will certainly take your money knowing all to well he is supposed to represent  you, but he or she can do nothing.  She would have to sale the house and then give you a portion.   Guess what the house will never be sold.  What does this have to do with your situation?  Nothing and everything!  If you didnt put measures  in place before they see you coming, then you can do absolutely nothing.  This whole system is designed  to give the locals the advantage  always.  Did you have a written contract?

BS, get a proper lawyer.

[VocalNeal]

34 minutes ago, WEBBYB808 said:

buy a house, put it all in her name, as many do, and yes there are ways around this, but still many still put everything  in the spouses name.

When in the west isn't the first house usually in joint names? No such a huge step to put it in wife's name?

[david555]

Up to now i do not understand with all the warnings for years about buying of plan  , they still keep coming and risk it however how much examples are shown....

 

Why ? , As there are so many already build new ones keeping not sold on market .... those at least are build and available.. but yes for those  need of available complete money .... not money hanging on a cloud in the sky coming down in future 

 

This shall not be the last post , we know more other will come further 

[scubascuba3]

I've not heard of that developer but maybe try to contact other buyers using Facebook and kick off a class action

[xylophone]

5 hours ago, ezzra said:

Rubbish... Foreigners have as much rights as Thais, well, almost, but this is an outright scam and unless the developer has gone bust and bankrupt deposits can be recuperated back through the courts of which the said scam artist will pay court's fees for the plaintiff...

Not always I'm afraid, and where I am there are a few examples of developers not completing their projects and none of the investors recouped their deposits.

 

In one particular instance the investors formed a group and pressured the local BIB to do something about it, because they had all the details of the developer, however the local BIB did nothing and the inside running was that he was too well known and connected to prosecute – – ACE Condominiums in this case.

 

And another very large development which was abandoned here, called, "The Park Condominiums" has seen investors out of pocket.

 

Like many things in Thailand, it depends who you are and who you know, and to whom you present "brown envelopes" that determine whether "justice" will be done.

[pegman]

Best just to move on. You took a big gamble and lost. It would take days to read all the similar situations detailed in posts on ThaiVisa. 

[LarrySR]

Kiss the money goodbye. This is Thailand dude.

Didn’t you get the memo?

[Dante99]

On 11/18/2021 at 4:42 PM, scubascuba3 said:

kick off a class action

Is that type of legal action even legal in Thailand?  Did not used to be back when.

[scubascuba3]

14 minutes ago, Dante99 said:

Is that type of legal action even legal in Thailand?  Did not used to be back when.

Someone posted a couple weeks ago that they are bringing it in, maybe available already, op can check

[BritManToo]

On 11/18/2021 at 10:52 AM, Gaby L said:

I signed purchasing contract back on 2020 January and paid 30% down payment about 60k USD to Palm Ocean--the Pattaya developer ,

Sorry can't help you, but that was one large deposit.

When I purchased off plan, deposit was 10kbht signing, and 10kbht/month (for 4 months) until ready to move in. There's always a danger building in Thailand, especially if you give the builder their profit up front.

[Dante99]

20 minutes ago, scubascuba3 said:

Someone posted a couple weeks ago that they are bringing it in, maybe available already, op can check

poor quality information

 

 

[Hummin]

Did you seek out the rest of the investors in the project and discussed further actions? 

 

 

[scubascuba3]

1 hour ago, Dante99 said:

poor quality information

 

 

try harder to investigate if it's important to you

[Hummin]

5 hours ago, BritManToo said:

Sorry can't help you, but that was one large deposit.

When I purchased off plan, deposit was 10kbht signing, and 10kbht/month (for 4 months) until ready to move in. There's always a danger building in Thailand, especially if you give the builder their profit up front.

The more solid and trustworthy companies does yes, and then you have those with a bigger deposit, and 10% payback pr year promisses. Good luch always to those who fall for that. Nordic, New Nordic and so on

[BritManToo]

Just now, Hummin said:

The more solid and trustworthy companies does yes, and then you have those with a bigger deposit, and 10% payback pr year promisses. Good luch always to those who fall for that. Nordic, New Nordic and so on

Yes, I was OK risking 50kbht on a new build, but $60K US you'd have to be bonkers.

[Hummin]

2 minutes ago, BritManToo said:

Yes, I was OK risking 50kbht on a new build, but $60K US you'd have to be bonkers.

50k baht 3 nights out only, so thats okay ????

[Chad3000]

Absolutely classic.

 

Must be #1 rule in buying RE here...never buy off plan.

 

60k USD ouch. 60k THB not even one month of my school salary. Whatever.

[California1]

Do you have an active court case and has mediation been set up through your lawyer and the defendant?