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Anybody owns apartments in Cassia Phuket?


MaxFar

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2 hours ago, jak2002003 said:

There is a chonote but it had no ones name on it as no one has taken ownership of it. 

Assuming you have a signed contract and bank receipts, It would be worthwhile to get a lawyer to immediately threaten them with legal action if they don't fix the problem within a month, via a registered letter.
 

If they dont respond, get the lawyer to take it to court.

 

They will likely settle before any case actually goes to court.

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6 hours ago, jak2002003 said:

There is a chonote but it had no ones name on it as no one has taken ownership of it. 

You can't have a title (chanote) with no owner. A chanote is issued by the land department and they can't issue chanotes to "no one". Same as you can't have a blue book for a car on no name. Or a green book for a motorcycle on no name. Sounds mega fishy. I'd get a lawyer involved.

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4 hours ago, ChasingTheSun said:

Assuming you have a signed contract and bank receipts, It would be worthwhile to get a lawyer to immediately threaten them with legal action if they don't fix the problem within a month, via a registered letter.
 

If they dont respond, get the lawyer to take it to court.

 

They will likely settle before any case actually goes to court.

We did that.  We threatened them with legal action. They promised to pay and then we just got one payment. Then nothing again for 4 nonths now.   

 

So we got a lawyer and they got them to send her copy of the shanote. 

 

Then only one half payment and a story of them being unable to pay due to no tourists.

 

Now nonmore payments.  Finally came to have to take them to court, but the costs quoted from the lawyer was crazy and they did not answer our emails or answer the phone for days /over a week at a time, as they were 'too busy' . I got a feeling I would just be throwing good money after bad and did not trust them. 

 

We contacted several other lawyers and none got back to us.. 

 

 

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46 minutes ago, jak2002003 said:

We did that.  We threatened them with legal action. They promised to pay and then we just got one payment. Then nothing again for 4 nonths now.   

 

So we got a lawyer and they got them to send her copy of the shanote. 

 

Then only one half payment and a story of them being unable to pay due to no tourists.

 

Now nonmore payments.  Finally came to have to take them to court, but the costs quoted from the lawyer was crazy and they did not answer our emails or answer the phone for days /over a week at a time, as they were 'too busy' . I got a feeling I would just be throwing good money after bad and did not trust them. 

 

We contacted several other lawyers and none got back to us.. 

 

 

Don't threaten over the missing payments. Threaten because they did not get the condo onto your name. Go to the police and file a report. Threatening letters don't have much impact. After you have a police report you can hand it to them in person so now they are aware something is moving. Then get a lawyer for a reasonable fixed fee on the case. But make the case about the condo ownership and not the missing rental income. Because once you have ownership you can legally prevent them from at least using it and you can rent it through other means. After that you can proceed with trying to enforce the rental income issue but that's going to be much more difficult.

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3 hours ago, eisfeld said:

Don't threaten over the missing payments. Threaten because they did not get the condo onto your name. Go to the police and file a report. Threatening letters don't have much impact. After you have a police report you can hand it to them in person so now they are aware something is moving. Then get a lawyer for a reasonable fixed fee on the case. But make the case about the condo ownership and not the missing rental income. Because once you have ownership you can legally prevent them from at least using it and you can rent it through other means. After that you can proceed with trying to enforce the rental income issue but that's going to be much more difficult.

Thank you for the advice. I am sorry I did not make myself more clear about it. 

 

They have messed us around for so long now we are totally lost. It been aboht 3 years now. 

 

They are supposed to be paying us back on a buy back scheme...not rental. 

 

This was after we told them we would take the to court for breaking their initial  rental contract.. 

 

So they offed to buy back the condo and we accepted. 

 

They made about 4 payments then it all went wrong. We have all their contracts and signed agreements. 

 

They don't answer our calls or emails. We flew down there and the hotel staff obviously know nothing aboht it and when they phoned the owners they said they were not available. 

 

We are going back to Europe to live next week after this got us down for so long. So anything we do will have to be from there now using a laywer here. 

 

Honestly.we contacted many lawyers in Phuket and none but one got back to us, and I got bad vibes from that one.....i think they would take our money and drag it on knowing they could not win..and they also did not answer calls or emails or get back to us on many acxasions. 

 

 

 

 

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12 hours ago, jak2002003 said:

If anyone knows personally from experience of a good lawyer in Phuket I would be very grateful. 

You coukd try to make this a criminal case of fraud with the police first. Try filing a complaint that you were defrauded and see how the developer reacts to that.

 

Alternatively, just filing a case officially at the court may be enough to get the developer to make a quick resolution, without the need to take it to an expensive trial.

 

Edited by ChasingTheSun
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