bought off plan apartment in a condo - 2 and half years delay in delivery from schedule (not yet delivered)

[Maxfra67]

Hello everyone! 

I'm seeking some advises regarding a very long delay in delivering an apartment I purchased off-plan back in September 2018.

The payment schedule as per the contract is of 4 payment slots, of which I already paid for 3 (the remaining 4th should be at the time of delivery).

As per the purchase contract, the delivery of the apartment should have been on December 2019.

Now, while I totally would understand few months delay, here it's getting a bit funny.....I still have no clear communication from the Developer as to when I will be hand-over my apartment.....

So, I would be grateful to all those have some similar experience and how should I behave in this situation.....should I seek legal advise? Is it worth proceeding with legal actions in such cases here in Thailand? (I'm Italian and these cases in my country last 8-10 years with painful lawyer bills)

I attach a screenshot of 2 clauses of the purchase contract, that are related to late deliveries; I appreciate your kind comments/opinions in regard of clause 7.3.2 for who has/had similar experiences.

Thank you in advance for your help.....

 

 

Edited April 12, 2022 by Maxfra67

[ezzra]

The thing is, with some developers, even if you be within your rights to terminate the contract, it doesn't mean you will get your money back from them so easily, and in many cases such situation will have to end up in court and in Thailand, good luck with that... 

[bignbad]

Happened to me a few years ago in Sri Racha, took them to court (Chon Buri), and won, all monies return with interest, although it cost me 50K for the lawyer!

 

[setbkk]

Are you in a position to be able to inspect the project and determine how much work is left before the project is complete?  That would help in your decision making process.

 

Delays due to Covid are legitimate excuses.  However, it could be that the developer has run short of money to pay the contractors.  If that is the case, it is very unlikely that you would get your deposit back despite what your contract says.  If they have no money, they have no money to return to you.  Starting a legal action could be futile - can't squeeze blood out of a turnip.

 

Is the developer a recognized company that trades on the SET?  If so, can probably get some info on their finances to help in your thought process.

[KhunLA]

Covid should not have been the problem, completion date Dec 2019.  Also, binding contracts should be in Thai, not English or Chinese, unless simply a translation of for your convenience.

 

As suggested, how close to completion is the project, and worth waiting for, or if not even close, then do you really want to move into something that has a bad start to begin with.  Cutting corners to finish comes to mind.  If so many others have pulled out of the  project, the projected, now adjusted monthly maintenance fee  may be unrealistic.

 

Personally I think I'd sue for refund, as better to be the first in line, instead of not.  Ridiculously too long already.

Edited April 12, 2022 by KhunLA

[Maxfra67]

1 hour ago, setbkk said:

Are you in a position to be able to inspect the project and determine how much work is left before the project is complete?  That would help in your decision making process.

 

Delays due to Covid are legitimate excuses.  However, it could be that the developer has run short of money to pay the contractors.  If that is the case, it is very unlikely that you would get your deposit back despite what your contract says.  If they have no money, they have no money to return to you.  Starting a legal action could be futile - can't squeeze blood out of a turnip.

 

Is the developer a recognized company that trades on the SET?  If so, can probably get some info on their finances to help in your thought process.

Thanks for your feedback. Yes I visited the project, I have to say it looks 90% done, but the delay is really huge and up until now nobody yet informed me when my unit will be handed over. the project is in Phuket, so I think at this point they are pushing the delay further as it is very low season now and so can't expect clients (property is managed).......

Btw, during Covid I remember constructions had to stop just for those 3-4 months of total lock down, so not very legitimate excuse...

I will send you a PM with the name of the Developer, your feedback on their financial status would surely be helpful.....

[Maxfra67]

so, the Developer/Builder early this year promised they would deliver the apartment now, during this ongoing month of July. I wrote them an email last week asking an update about which day should I show up, they replied that the hand-over is postponed to 1st quarter 2024.

Meanwhile, I see on Booking.com they have opened to bookings........

I think that my best and only option here is to appoint a property lawyer........

Any good recommendation of a honest and professional lawyer for the case?

I live in Bangkok, but the apartment is in Phuket......should I appoint a Phuket based lawyer or Bangkok lawyer is also fine?

 

[Liverpool Lou]

On 4/12/2022 at 12:55 PM, ezzra said:

in many cases such situation will have to end up in court and in Thailand, good luck with that... 

What do you mean by "...and good luck with that"?  What is your  experience of civil court cases here that you're basing that comment on?  It's clear that it's not a sincere "good luck!"....

"Happened to me a few years ago in Sri Racha, took them to court (Chon Buri), and won, all monies return with interest".  (Bignbad)

 

 

Edited July 9, 2023 by Liverpool Lou

[chicmec]

I am in a similar situation.  The condo that I paid deposit was supposed to finish in Feb 2022.  I asked the agent once in May 2022 but he could not give a solid reply (as I had expected) but the only reply was "the developer will compensate by paying interest".

 

I accept the explanation of delay because of COVID but, in July 2022 when I visited the site, construction work did not begin at all.  The site was just covered with grass.

 

Now, because of my age, I may not have "many years" to wait for miracles.  I really want to contact a lawyer for this matter.  I would be grateful if you folks could recommend a lawyer or could give me any advice.

 

Thanks in advance.