Is it legal for a property own to take my money like this?

[Myran]

What would be the point of asking for a deposit if has to be repaid even if you break the agreement? The entire reason for the deposit is that you'll lose it if you break the agreement, otherwise it would be pointless. Be thankful you got as much back as you did. They didn't do anything wrong here, you did.

[Dogsredrocket]

On 3/22/2023 at 8:19 PM, nailbrains8 said:

She contacted the property owner who initially refused to pay me back my 15K deposit and then later the next day transferred me back 12K, keeping 3K baht.

 

Is this legal for them to do this? We had no written agreement and I feel like they've basically just stole 3K baht from me.

No written agreement? Deposit could be refundable, maybe not. The others suggesting that in 3 hours the owner has canceled ads and a raft of other measures etc. obviously don't know how Thai time works. .

Edited March 26, 2023 by Dogsredrocket

[Dogsredrocket]

On 3/23/2023 at 8:39 AM, lextsy said:

In the 3 hours between the time op agreed to rent the place and then cancelled

* Landlord have cancelled inspections for serious tenants

* Removed a paid Marketplace ad which has cost money to relist it

* Put a deposit on a new place they planned to rent which they had to cancel and lost $$ to the new landlord

* Paid out commission to real estate agent

 

For the op to post online like this is bordering on defamation and should be sued.

 

 

 

Cool story guy. I like how you put this all together from the OPs fairly brief post. Owners and agents can't be bothered to take down listings that are several months old. You think they did all that in 3 hours? I have checked into Airbnbs here at midday and at 8pm that night I still haven't received a working access card after I proved to them that the existing card does not work 8 hours beforehand.

[Sandboxer]

Millennial by any chance? :-)))

 

Send the owner some flowers for being way too nice and refunding 20% too much.

 

Edited March 26, 2023 by Sandboxer

[riclag]

On 3/22/2023 at 11:19 PM, nailbrains8 said:

To reserve it but I cancelled after less than 3 hours. 

Some good advice and some …never mind!

Go to the police  you got nothing to gain by sticking your tail between your legs!

 

In the future get everything in writing and take pictures of the facilities!

 

side note : Many years ago I did have a contract and the owner tried to weasel out of paying me my 10k security deposit back ,in Sakon Nakhon!

My GF at the time didn’t want to complain  (lose face issues) but

I pressed on .

The next time I came back from the states the landlord gave me a free rental until the 10k was covered with no security !

Edited March 26, 2023 by riclag

[Dogsredrocket]

1 hour ago, Sandboxer said:

Millennial by any chance? :-)))

 

Send the owner some flowers for being way too nice and refunding 20% too much.

Agreed. Verbally accepting the deposit and taking no immediate action most have cost alot of resources for the owner. That scummy gen Y allowing themselves to be pressured into paying a deposit!

[OneMoreFarang]

2 hours ago, Dogsredrocket said:

No written agreement? Deposit could be refundable, maybe not. The others suggesting that in 3 hours the owner has canceled ads and a raft of other measures etc. obviously don't know how Thai time works. .

So explain to us, how does it work?

Maybe there was an appointment setup an hour later and the agent or owner cancelled it, because what's the point of another appointment if the property is not available anymore?

[Dogsredrocket]

4 minutes ago, OneMoreFarang said:

So explain to us, how does it work?

Maybe there was an appointment setup an hour later and the agent or owner cancelled it, because what's the point of another appointment if the property is not available anymore?

I'm willing to bet it doesnt work in the manner suggested by some of the posters here. Sounds like a bunch of old farang slumlords (enty level condo only of course) trying to justify their own existence and importance.

 

What is likely to have taken place in 3 hours? probably nothing.

 

In my view the hard sell provided to OP is the main issue.

[Scott]

An inflammatory, racially-tinged post reported and removed. 

 

[ubonr1971]

Op doesnt sound so smart. Piddly money to be crying about

[scorecard]

5 hours ago, Dogsredrocket said:

I'm willing to bet it doesnt work in the manner suggested by some of the posters here. Sounds like a bunch of old farang slumlords (enty level condo only of course) trying to justify their own existence and importance.

 

What is likely to have taken place in 3 hours? probably nothing.

 

In my view the hard sell provided to OP is the main issue.

"In my view the hard sell provided to OP is the main issue."

 

Interesting point. And I would hope most/all people looking for acommodation quickly realize when an owner/agent is playing a game. And move along, in Thailand there's hundreds of properties available for rent. 

[lexxy]

21 hours ago, Dogsredrocket said:

Cool story guy. I like how you put this all together from the OPs fairly brief post. Owners and agents can't be bothered to take down listings that are several months old. You think they did all that in 3 hours? I have checked into Airbnbs here at midday and at 8pm that night I still haven't received a working access card after I proved to them that the existing card does not work 8 hours beforehand.

Life has been too hard for you. Tell us your age please so we can confirm your mentality lol

 

 

[Dogsredrocket]

1 hour ago, lextsy said:

Life has been too hard for you. Tell us your age please so we can confirm your mentality lol

Ok guy.

 

Listings I reviewed 8 months ago and know are not available are still live on Fazwaz. If you think anyone has made a decision of consequence in 3 hours you are kidding yourselves.

 

It would have been just as courteous for the owner to return the whole amount. 

 

 

 

Edited March 27, 2023 by Dogsredrocket

[DudleySquat]

On 3/25/2023 at 9:41 PM, scorecard said:

 3/22/2023 at 9:11 PM, nailbrains8 said:

I was being told that if I didn't pay immediately I would not be able to rent the property. Yes, stupid mistake but I was under pressure and in haste made a bad decision. It happens.

 

There's no logic or legal premise etc., to support 'If you don't pay a deposit immediately you can't rent the place.'  With all respect, why would anybody believe that? Why wouldn't 99% of people think 'This is not sensible, I don't need to do business with people who play games / talk nonsense, and move right along.

 

Further it seems to me most folks would think 'he's playing a game right now, what more games are in his bag of tricks for the future If I do sign to stay? '

 

Reality is that there's hundreds of houses, condos, apartments for rent at any given time, and not difficult to find some potential addresses. 

 

What I really want to know is if there is any recourse for this? 

 

It isn't a lot of money. However, based on principle I feel like it is theft and should be addressed in some way if at all possible.

'principle'  You did something silly now you want other to see you as having the moral highground. Learn and Move on

Based on principle go to the police and charge him with theft by deception.  Even if you have to pay the police money, it will be worth it to make his life miserable.

Do you really think th police see that there's a solid case here? They won't be intereted. Move on. 

 

Jam up the larcenous Thai.  He deserves it.  

[KaputtAlreadyNa]

On 3/23/2023 at 4:18 PM, snowgard said:

In 1 day? BS!!!

 

I don't know what BS you are referring to, but definitely there is an opportunity to rent it out in a day or even an hour after you have listed it at the correct channel.

Warmest 

[JayClay]

On 3/26/2023 at 2:05 PM, Dogsredrocket said:

In my view the hard sell provided to OP is the main issue.

Considering the OP doesn't seem to understand the purpose of a deposit, how do we know that any hard-sell really took place?

 

For all we know, the agent just said something like "I have other people viewing this property so I can't guarantee it will still be available [tomorrow/next week/next month/whenever] without a deposit".

[NanLaew]

On 3/22/2023 at 10:19 PM, nailbrains8 said:

I went to look at renting a home the other day, I was pressured into paying a 15K deposit on the spot which I did and then 3 hours later I contacted the real estate agent to tell them that I did not wish to go through with renting the home.

 

She contacted the property owner who initially refused to pay me back my 15K deposit and then later the next day transferred me back 12K, keeping 3K baht.

 

Is this legal for them to do this? We had no written agreement and I feel like they've basically just stole 3K baht from me.

I had a reputable real estate agent home finder in Pattaya charge me a finder's fee that was 100% refundable if I didn't take up anything in the selection they offered and would be deducted from the first month's rent if I did sign a rental contract. If you were viewing a property recommended by the agency and they didn't consider there was anything wrong with this 'transaction', I would find another agent. You should not have felt pressured and as pointed out earlier, should not have handed over any cash at all. I would have just crossed them off the list.

[2009]

So, in the OP's title it is asking about legality.

 

Of course, we have a bunch of barstool lawyers here, not to mention the usual high n mighty Thai apologists condemning the farang.

 

The usual suspects.

 

But do we actually have an answer to this question?

 

Is it LEGAL for the owner to take a deposit without a written agreement? And then keep his money like that?

 

Edited April 12, 2023 by 2009

[snowgard]

5 hours ago, KaputtAlreadyNa said:

I don't know what BS you are referring to, but definitely there is an opportunity to rent it out in a day or even an hour after you have listed it at the correct channel.

Warmest 

And for sure a real estate agent will have the phone number from the (potencial) customer for connect her/him after the first customer jumped out of the deal 3h later. ????

There is no right for shorten the deposit. A easy case for the OCPB.

[scorecard]

On 3/22/2023 at 11:13 PM, Elkski said:

What would be the purpose of a refundable deposit may I ask? Sometimes here in USA there is an application fee.  But if taken then you must look at the application and have a reason to deny.  Usually you are supposed to have a set of preestablished reasonable rules.  Like % salary,  # people per bedroom, no dogs, no criminal records, no prior evictions etc.  

In a hot rental market you may need to give a deposit to reserve the place.   The landlord may cancel other showings  so he is taking a risk.   But I will add that I think 15bkbis crazy high considering that is like 1 month rent or salary for most Thai people.   I would only ask for 200-300$ deposit here. But usually not that many inquiries each day. 

What happens in the US is not the world benchmark, I'm aware in many European countries and Oceania countries a 1 month or 2 month deposit is normal.

And it's normal / standard practice in Thailand.

Edited July 16, 2023 by scorecard