Registration change issues, pick up, non co-operative seller, paid the money got wrong ID. Options?

[notrub]

25 02 2023 

 

Stupid, yes.  But can anybody help?  I went to Pattaya, from Isaan, and bought  an older truck from a Canadian here on holidays.  He has a condo there.  Neither he nor I had complete (any) knowledge of the sales and registration of used vehicles. I paid the money and came away with a hand written bill of sale and other bits of info and the blue book. 

 

I am sure that the truck is legal and that the transfer problem is simply providing the correct information.

 

The authorities refused to transfer for various reasons.  The house book and other documents have the name of the company he used to buy it.  Not his personal name.  I asked for better passport copies etc. and he just sent pictures taken on his phone.  Many times.  Now I have passed the list of documents required by the authorities, including a certificate of residence.  I asked these various documents be properly copied, signed, and sent to me by post. 

 

Now he just sent me the name of his lawyer and said I must deal with her at my cost.  I cannot provide a certificate for him.  He must do it.  He possesses all the other documents.  I cannot copy and sign them.....  Etc.

 

What can I do?  The truck is still in his name.  I said that any tickets for speeding etc. would go to him and also he could be responsible for any mishaps that might occur with the truck.  Is this true?  Is there anything I can do?  I am not going to Pattaya to get a paper from him. 

 

The truck only cost 145,000 B so getting into some costly battle would be pointless.  The guy is an as*hole who has little grasp of reality outside his own.  He may do nothing more unless something threatens his peaceful holidays here.  Any ideas?

 

Thank you very much in advance. 

[bigupandchill]

The shops that do the annual check have contacts in land transport so might be able to help.

[brianthainess]

Yes you need good copies of his passport including the visa page, I had a similar prob. one time, mostly my fault as i had left it to long, and by the time i got around to it the guy had left Thailand and his visa was not valid, but I had the form that he signed, But I just left it in his name, I knew he was coming back, He was a really nice guy, and gave me all new papers when he got back. Having said that it was a long time ago 7yrs and I was unaware of those testing places/ shops (now new ones popping up every week it seems) As said above go to one of them, they can normally do it. They go nearly every day to the Transport office. I always use them now and buy my extra insurance from them. Good luck ! 

If you're not sure of these 'shops' this is the sign to look out for.

 

[Crossy]

Certainly, try one of the yellow cog-wheel places they may be able to assist, it will probably require some, er, lubrication.

 

Otherwise, there's no real issue leaving it in his name. Since you have the blue book you can insure, tax and "MOT" it no problems.

 

And, of course, all your fines will go to his address

 

 

[brianthainess]

4 minutes ago, Crossy said:

Certainly, try one of the yellow cog-wheel places they may be able to assist, it will probably require some, er, lubrication.

 

Otherwise, there's no real issue leaving it in his name. Since you have the blue book you can insure, tax and "MOT" it no problems.

 

And, of course, all your fines will go to his address

 

 

Yeh find a speed camera and speed though it 4 times a day . He'll get the message and the fines.

[Ralf001]

If the pickup is company owned then it is not his to sell.

[brianthainess]

10 minutes ago, Crossy said:

it will probably require some, er, lubrication.

 

Maybe a few hundred baht.

[Kwasaki]

Leave it in his name no problem.

[brianthainess]

5 minutes ago, Kwasaki said:

Leave it in his name no problem.

Could be if he has a spare key, or if he reported it stolen. just saying.

[Kwasaki]

1 hour ago, brianthainess said:

Could be if he has a spare key, or if he reported it stolen. just saying.

Buyer has signed bill of sale.

 

If I was OP I'd send a letter to the sellers lawyer by EMS telling them all his trying to do is complete the sale of the truck in the proper way and your client refuses to do so which will result in the truck remaining in his name. 

[notrub]

So, for sure he pays the fines even if not driving?  Is there anything unpleasant that I can do to encourage him to behave like a human being?  Now he is insisting that I deal with his lawyer and pay her to provide a certificate of residence.  He is willing to act on her instruction. Thanks again. 

[NanLaew]

4 hours ago, notrub said:

So, for sure he pays the fines even if not driving?  Is there anything unpleasant that I can do to encourage him to behave like a human being?  Now he is insisting that I deal with his lawyer and pay her to provide a certificate of residence.  He is willing to act on her instruction. Thanks again. 

Maybe the lawyer is his wife or the one who set up his company.

 

I wonder if his company are current with their Thai tax obligations?

[Liverpool Lou]

7 hours ago, brianthainess said:

Yeh find a speed camera and speed though it 4 times a day . He'll get the message and the fines.

Won't do any good, all he has to do is tell the police that he sold the pickup, wasn't driving and that the new owner is the OP.

[Liverpool Lou]

8 hours ago, notrub said:

The truck is still in his name.  I said that any tickets for speeding etc. would go to him and also he could be responsible for any mishaps that might occur with the truck.  Is this true? 

No, it's not true.  He just has to advise the police that tickets/mishaps are your responsibility because he couldn't have been driving as you bought the vehicle form him before the tickets/mishaps occurred and, as you said, there is documented evidence of that.

[Liverpool Lou]

42 minutes ago, NanLaew said:

I wonder if his company are current with their Thai tax obligations?

Completely irrelevant to the OP's circumstances.

[mikebike]

7 hours ago, brianthainess said:

Could be if he has a spare key, or if he reported it stolen. just saying.

Not if the current owner has the book. 

[mikebike]

You will go nuts if you are looking to pressure him. Leave it in his name and enjoy your vehicle. Som nom na. 

[NanLaew]

On 2/25/2023 at 4:59 PM, Liverpool Lou said:

Completely irrelevant to the OP's circumstances.

Only if you don't think outside the box or roll over on the previous owner's recalcitrance.

 

Since the OP suggested "...unless something threatens his peaceful holidays here", I just offered another avenue. For a long time, foreigners were using the Thai company 'loophole' for property ownership but this is coming under renewed scrutiny (again) as the government, like many others, goes on a tax/cash grab. One of the requirements is having the nominee Thai shareholders identified with a tax ID and ensuring their taxes have been paid, as well as checking on the company's tax business. While I agree that some of these companies get full service from the law office that set them up, plenty lawyers made a fast buck and the foreigner thinks it was a one-off solution.

 

As suggested earlier.

 

On 2/25/2023 at 9:31 AM, Ralf001 said:

If the pickup is company owned then it is not his to sell.

Maybe it is a legitimate Thai company but a foreigner can't be the majority shareholder so maybe that's why the guy feigned ignorance of the procedures to offload the pickup? Seems strange that he was savvy enough to form a company but not all companies are formed by businessmen for doing business. However, if this guy insists 'speak to my lawyer' and the OP insists on getting this vehicle transfer fully legal, then he needs to get a lawyer as well.

 

Having said that, the truck only cost 145 k so probably not worth the hassle unless the OP wants to sell it.