Land sale approved by local govt office.

[Kwasaki]

I was trying to message @paragonick but he seems to disappeared.

 

Leasehold land owned by our daughter was sold and the local govt looked through paperwork as my wife was selling the land for her on her behalf with a copy of ID card etc. 

 

The money exchanged hands and paperwork signed by all parties.

 

The new owner 3 years on now wants to build on the land and has been refused by the local govt because there is no paperwork with my daughters signature on only my wife on her behalf. 

 

I first thought was seeing as contract law in Thailand is similar to western laws the a contract has already been agreed upon paperwork signed and accepted so how can local govt change their mind 3 years down the road. 

 

Anyone have knowledge on how we can help the new owner. 

 

 

[OneMoreFarang]

27 minutes ago, Kwasaki said:

how can local govt change their mind 3 years down the road

Maybe they want money. I wouldn't be the first time. 

[Kwasaki]

Just now, OneMoreFarang said:

Maybe they want money. I wouldn't be the first time. 

Well maybe dunno but I recommended she gets a lawyer to look at the paperwork and if it is all in order she can get him to write a letter saying they are in breach of contract.

[ThailandRyan]

1 minute ago, Kwasaki said:

Well maybe dunno but I recommended she gets a lawyer to look at the paperwork and if it is all in order she can get him to write a letter saying they are in breach of contract.

Is the paperwork not registered with the Land department and also on file with them?  Seems a little shady to me, but as OMF has said maybe they want money from the individual the land was sold to in order to allow building.  When I built the house in Udon Thani, my now ex-wife who had bought the land from another Thai had to pay money for a permit that allowed building.......I never second guessed it as that is the only way you build on land in the west with a building permit you pay for.

[eisfeld]

Seems weird. So the government essentially claims the leasehold still belongs to your daughter?

I guess the easiest solution would be to get your daughter to sign if that's what they want.

 

You can't hold the gov for breach of contract because nobody entered into a contract with the gov. The contract is between the two private parties. They could get a lawyer to write a letter to the land department explaining the legal situation and that they are wrong asking for the signature of the daughter (who I assume is/was a minor).

[Kwasaki]

22 minutes ago, ThailandRyan said:

Is the paperwork not registered with the Land department and also on file with them?  Seems a little shady to me, but as OMF has said maybe they want money from the individual the land was sold to in order to allow building.  When I built the house in Udon Thani, my now ex-wife who had bought the land from another Thai had to pay money for a permit that allowed building.......I never second guessed it as that is the only way you build on land in the west with a building permit you pay for.

In my opening post I said the paperwork was all done at the local govt office that governs over where the land is.

I just found out the owner contacted the land office in Bangkok and they said there was not a problem. 

 

So her bother is with the local one. 

[Kwasaki]

8 minutes ago, eisfeld said:

Seems weird. So the government essentially claims the leasehold still belongs to your daughter?

I guess the easiest solution would be to get your daughter to sign if that's what they want.

 

You can't hold the gov for breach of contract because nobody entered into a contract with the gov. The contract is between the two private parties. They could get a lawyer to write a letter to the land department explaining the legal situation and that they are wrong asking for the signature of the daughter (who I assume is/was a minor).

The local govt office at the time approved the sale of the land with my wife and the new owner that's what all the paperwork was all about so the land can be put in the new owners name. 

[eisfeld]

54 minutes ago, Kwasaki said:

The local govt office at the time approved the sale of the land with my wife and the new owner that's what all the paperwork was all about so the land can be put in the new owners name. 

Yea but now they claim your daughters signature is needed so that would mean the original transfer was not valid either. Obviously there's a misunderstanding or a play to ask for money. Sometimes can also be worth trying to talk to another officer if possible. I'm pretty sure this can be sorted without paying money to a lawyer. But if the new owner doesn't mind then that's probably the fastest way (if picking the right lawyer).

[Kwasaki]

11 minutes ago, eisfeld said:

Yea but now they claim your daughters signature is needed so that would mean the original transfer was not valid either. Obviously there's a misunderstanding or a play to ask for money. Sometimes can also be worth trying to talk to another officer if possible. I'm pretty sure this can be sorted without paying money to a lawyer. But if the new owner doesn't mind then that's probably the fastest way (if picking the right lawyer).

That's my beef if they want the signature of the daughter now why go through all the paperwork of changing ownership names 3 years ago when the mother on her behalf is using the ID card of the daughter to complete the sale. 

Daughter lives in Korea now and is not coming back. 

[eisfeld]

1 hour ago, Kwasaki said:

That's my beef if they want the signature of the daughter now why go through all the paperwork of changing ownership names 3 years ago when the mother on her behalf is using the ID card of the daughter to complete the sale. 

Daughter lives in Korea now and is not coming back. 

Yea the gov is contradicting itself. Even in situations I like to go the path of least resistance. Your daughter could still arrange a signature and then courier the document back to Thailand.

 

I guess your daughter is Thai and now not a minor anymore? Is she maybe the owner as in freehold of the property? Maybe the DLT then wants the owner of the land to give his OK for a building permit even if another person has a leasehold on it? Just wild guesses.

[Kwasaki]

1 minute ago, eisfeld said:

Yea the gov is contradicting itself. Even in situations I like to go the path of least resistance. Your daughter could still arrange a signature and then courier the document back to Thailand.

 

I guess your daughter is Thai and now not a minor anymore? Is she maybe the owner as in freehold of the property? Maybe the DLT then wants the owner of the land to give his OK for a building permit even if another person has a leasehold on it? Just wild guesses.

Thanks but it's not freehold land it belongs to the Thai Royalty so it's freehold that's why local govt what over and deal with land sold in our area. 

 

Daughter is Thai but that's another problem she has gone uncontactable so maybe a time limit could solve the situation.

 

I would steam in local govt with all sorts of legal threats and accusations of incompetence in the first place of dealing with the sale of the land but it's not the Thai way is it. ????

[couchpotato]

8 minutes ago, Kwasaki said:

Thanks but it's not freehold land it belongs to the Thai Royalty so it's freehold that's why local govt what over and deal with land sold in our area. 

 

Daughter is Thai but that's another problem she has gone uncontactable so maybe a time limit could solve the situation.

 

I would steam in local govt with all sorts of legal threats and accusations of incompetence in the first place of dealing with the sale of the land but it's not the Thai way is it. ????

Thanks but it's not freehold land it belongs to the Thai Royalty so it's freehold that's why local govt what over and deal with land sold in our area. 

 

This is an interesting topic, so could you rewrite the above sentence, so its understandable please.

[Kwasaki]

1 hour ago, couchpotato said:

Thanks but it's not freehold land it belongs to the Thai Royalty so it's leasehold that's why local govt watch over and deal with land sold in our area.

Not that hard to work out.