Ownership nightmare: British buyer’s 15 million baht condo purchase in Koh Samui hits legal roadblock

[snoop1130]

 

A British man filed a complaint with the Thai authorities after he bought a 15 million baht condominium in Koh Samui from a real estate company in the southern province of Surat Thani but could not obtain legal ownership. Many foreigners fell victim to this company, resulting in estimated damages of 100 million baht.

 

A representative of the Thailand Consumers Council, Phattakorn Teepaboonrat, accompanied the British victim, 70 year old David Edward Chapel, to the Central Suppression Division to file a complaint against the real estate company, whose name was not revealed.

 

Phattakorn spoke to the media about the issue explaining that Chapel bought a luxury condo in Koh Samui in 2016 and stayed there only three times a year. He has been trying to pursue official ownership but has been unsuccessful.

 

According to Phattakorn, Chapel discovered on May 19 that the condo did not gain construction permission. As if this was not disheartening enough, it came to light that certain portions of the land on which the property stood had been illicitly mortgaged and subsequently sold.

 

By Petch Petpailin

Caption: Photo via Facebook/ Mono News - ข่าวโมโน

 

Full Story: https://thethaiger.com/news/national/ownership-nightmare-british-buyers-15-million-baht-condo-purchase-in-koh-samui-hits-legal-roadblock

 

-- © Copyright Thaiger 2023-06-01

 

- Cigna offers a range of visa-compliant plans that meet the minimum requirement of medical treatment, including COVID-19, up to THB 3m. For more information on all expat health insurance plans click here.

 

The most versatile and flexible rental investment and holiday home solution in Thailand - click for more information.

[simon43]

Don't hand over any money unless you receive the full ownership documents immediately by return.  (Yes, I made this mistake 20 years ago when I handed over 2.5 million baht for a rai of land (in my Thai wife's name). The cash was handed to the lawyer in Phuket, but the Thai owner actually dropped dead of a heart attack as he was going to the land office to sign the sale papers over to my wife. The (foreign) lawyer based in Phuket handed my cash over to the owner's family and they refused to sign over the land to my wife.....  I wasted THBTHBTHB trying to complete that contract, never got ownership of the land....

[Chicksaw]

Moral of the story: Rent, don't buy. At least not anything bigger than a washing machine.

[3NUMBAS]

plenty of hooky schemes around

[MadMuhammad]

2 hours ago, Chicksaw said:

Moral of the story: Rent, don't buy. At least not anything bigger than a washing machine.

Moral of the story is do your due diligence and don’t be a goose 

 

[tgw]

2 hours ago, simon43 said:

Don't hand over any money unless you receive the full ownership documents immediately by return.  (Yes, I made this mistake 20 years ago when I handed over 2.5 million baht for a rai of land (in my Thai wife's name). The cash was handed to the lawyer in Phuket, but the Thai owner actually dropped dead of a heart attack as he was going to the land office to sign the sale papers over to my wife. The (foreign) lawyer based in Phuket handed my cash over to the owner's family and they refused to sign over the land to my wife.....  I wasted THBTHBTHB trying to complete that contract, never got ownership of the land....

some rules:

- have a reputable real estate lawyer do all the due diligence (construction permit, check property deeds, does the seller actually own what he sells, is it free of mortgages, right of passage, correct land category, certificates of conformity of the construction, etc.)

- don't buy any expensive real estate that doesn't have a Chanote (lower grade titles can be ok for some agricultural land)

- use cashier cheques

- simultaneous transactions and transfer papers signed with witnesses at the land office only

[bristolgeoff]

Giving money over to a company for a apartment to be built you must be certain of it happening.Trying to get the money back will be a uphill battle

[bignok]

More money than sense. Always get a proper lawyer. Double check details.

[FritsSikkink]

2 hours ago, Chicksaw said:

Moral of the story: Rent, don't buy. At least not anything bigger than a washing machine.

No, moral of the story know what you are doing before you hand over money.

[off road pat]

4 hours ago, Chicksaw said:

Moral of the story: Rent, don't buy. At least not anything bigger than a washing machine.

This is what I was always told !!! RENT !!! NEVER BUY !!! unless the money invested is unimportant and ready to be lost !!!

[Captain Monday]

This Englisher is a fool who should be scorned and ridiculed.

 

[webfact]

Briton Files Complaint After Losing 15m Baht In Koh Samui Condo Scam
by TNR Staff

 

 

A BRITISH businessman today (June 1) filed a complaint at the Central Investigation Bureau (CIB) after losing over 15 million baht in a condominium scam at Koh Samui, TV Channel 7 said.

 

Mr. David Edward Chappelle (name translated as written in Thai), 70, was accompanied by Mr. Pattakorn Teepbunrat, a representative of Thailand Consumers Council, and his lawyer, Mr. Tewit Haji, in asking CIB Chief Pol. Lt. Gen. Jiraphop Bhuridej to investigate and take legal action against a well-known property developer on the resort island.

 

Pattakorn said Chappelle, the victim, had paid over 15 million baht for a luxury condo in 2016 and has been asking for the title deed but this was not handed over.

 

He later found out that the developer had not obtained a permit to develop the project as well as deceived consumers with suspicious false statements. On top of not transferring title deeds to buyers the developer had either sold or mortgaged the land without buyers’ consent.

 

Full story: https://thainewsroom.com/2023/06/01/briton-files-complaint-after-losing-15m-baht-in-koh-samui-condo-scam/

 

-- © Copyright  THAI NEWSROOM 2023-06-01

 

- Cigna offers a range of visa-compliant plans that meet the minimum requirement of medical treatment, including COVID-19, up to THB 3m. For more information on all expat health insurance plans click here.

 

The most versatile and flexible rental investment and holiday home solution in Thailand - click for more information.

[webfact]

British Man Says He Was Scammed for Ownership of Koh Samui Condo
By Adam Judd

 

 

Samui – A 70-year-old British man has filed a report to the Thai Central Investigation Bureau (CIB) after he bought a 15 million baht luxury condominium on Koh Samui many years ago but still has not received legal documents confirming his ownership.

 

Mr. David Edward Chappelle, 70, British national, and Mr. Pattakorn Teepbunrat, a representative of the Thailand Consumers Council, filed a joint report to the CIB on Thursday (June 1st).

 

Mr. Pattarakorn said, “Mr. David first filed a complaint to the Thailand Consumers Council seven years ago in 2016. He said he bought a luxury condominium from a real estate company for 15 million baht.

 

Full story: https://thepattayanews.com/2023/06/01/british-man-says-he-was-scammed-for-ownership-of-koh-samui-condo/

 

-- © Copyright The Pattaya News 2023-06-01

 

- Cigna offers a range of visa-compliant plans that meet the minimum requirement of medical treatment, including COVID-19, up to THB 3m. For more information on all expat health insurance plans click here.

 

The most versatile and flexible rental investment and holiday home solution in Thailand - click for more information.

[SAFETY FIRST]

1 hour ago, off road pat said:

6 hours ago, Chicksaw said:

Moral of the story: Rent, don't buy. At least not anything bigger than a washing machine.

This is what I was always told !!! RENT !!! NEVER BUY !!! unless the money invested is unimportant and ready to be lost !!!

I understand people who have no money, no other options, they always make excuses not to buy.

 

I live in a gated community, close to town. I bought my first house 2001, second house a couple of years later, me and my family have been living in this house ever since (renting out the first house). 

I've calculated, rents and renovations etc. I'm way ahead, house price has increased, so have rents over the last 2 decades.

 

I'd hate to think how many times me and my family would have had to relocate over the many years (landlord issues etc.) plus I've got the house exactly how I want it. 

Edited June 1, 2023 by SAFETY FIRST

[Banana7]

When buying here are some simple instructions that can save you a lot of heart ache. This is not complete list and others will have more recommendations.

 

The purchase and sale agreement must state the purchaser will receive, upon the closing date at the time of payment, the chanote with his name on the chanote and registered so, in the land office and must receive the blue book and perhaps, the yellow book, if there is one and the property is vacant upon possession. Failure by the seller to close on the closing date, seller must return double the amount of the deposit within 3 days.

 

Always ask to see the chanote and copy it before signing the purchase and sale agreement. Get copies of government IDs from everyone involved in the purchase. The current owner is listed as the last owner in the chanote. If the seller can't produce the original chanote, not a photo copy, do not make a deposit. if they can't produce the original, walk away. Go to the land office with your lawyer and ask if there are any issues with the property and transferring it to a foreigner.  The lawyer must conduct all due diligence. There are lots of little details the lawyer needs to check. Check with the condo office if there are any issues and get copies of the latest condo financial statements, before signing the purchase and sale agreement.

 

When making final payment, which should be at least 90% of the sale price, in the land office on the closing date, only give the bank draft to the owner when your lawyer says your name is on the chanote and you physically receive the chanote and blue book. Have the owner sign a photo copy of the bank draft saying they received this payment.

 

Many times foreigners are too trusting when making real estate purchases. Educate yourself before buying!

Edited June 1, 2023 by Banana7

[smedly]

good luck with that

 

the thai layers are no better, a hard pill to swallow, never pay for anything in thailaind unless you have the key in your hand and even then i would not trust them,  keep it going but move on, expect nothing, maybe get something, i wouldn't hold my breath 

[Mickeymaus]

8 hours ago, simon43 said:

Don't hand over any money unless you receive the full ownership documents immediately by return.  (Yes, I made this mistake 20 years ago when I handed over 2.5 million baht for a rai of land (in my Thai wife's name). The cash was handed to the lawyer in Phuket, but the Thai owner actually dropped dead of a heart attack as he was going to the land office to sign the sale papers over to my wife. The (foreign) lawyer based in Phuket handed my cash over to the owner's family and they refused to sign over the land to my wife.....  I wasted THBTHBTHB trying to complete that contract, never got ownership of the land....

I don't understand. When I bought my condo I had to give the cashiers check to the seller at the land office in front of the officers. Everything else is... 

[quake]

3 hours ago, off road pat said:

This is what I was always told !!! RENT !!! NEVER BUY !!! unless the money invested is unimportant and ready to be lost !!!

Rubbish I bought over 20 years ago.

No real problems. that would be a lot of rental money down the drain and nothing to show for it.

Wife gets it as an asset when I die. 

 

 

 

[Mickeymaus]

3 minutes ago, quake said:

Rubbish I bought over 20 years ago.

No real problems. that would be a lot of rental money down the drain and nothing to show for it.

Wife gets it as an asset when I die. 

 

If you have better alternatives for investing your money then buying a condo is not a good idea. 

[SiSePuede419]

B15M for a....condo?!?!?

 

Further proof, you don't have to be "smart" in order to be "rich" and "successful". ????

 

 

[Gknrd]

Wow, for that kind of money you would have thought he would have hired a lawyer to check the lawyer. But, I agree at 70 just rent a luxury condo and move on when it falls in disrepair.

[SiSePuede419]

8 minutes ago, quake said:

Wife gets it as an asset when I die. 

Wouldn't your wife get the CASH that you spent buying the Condo that you saved by RENTING upon your demise?

 

Does your wife prefer a "used" condo that's difficult to sell because Asian people have a cultural bias of wanting to buy NEW property instead of USED because of "ghosts" or a pile of CASH?

 

Hmmmm. ????

[quake]

3 minutes ago, SiSePuede419 said:

Wouldn't your wife get the CASH that you spent buying the Condo that you saved by RENTING upon your demise?

 

Does your wife prefer a "used" condo that's difficult to sell because Asian people have a cultural bias of wanting to buy NEW property instead of USED because of "ghosts" or a pile of CASH?

 

Hmmmm. ????

Yes your right never buy in Thailand

The sky will fall in. 

 

 

[SunnyinBangrak]

Did they forget to name this condo development in the OP? How are we supposed to be aware of the scam if the place is not named!?

[Frankie baby]

Apparently this gentle did as everyone above advised. He did this through a lawyer and a supposedly reputable land developer.

The system stinks. Its about time the government took real action against these developers (and bum lawyers). This was a common occurrence 15-20 years back. Looks like the preventative measures took then have worn off.  

[quake]

24 minutes ago, SunnyinBangrak said:

Did they forget to name this condo development in the OP? How are we supposed to be aware of the scam if the place is not named!?

That's one thing that needs changing here.

The defamation laws.

Wonder if the new kids on the block will do that.

we live in hope.

 

Edited June 1, 2023 by quake

[Celsius]

I am against buying a property in Thailand in any place that starts with "Koh". 

[hotchilli]

10 hours ago, snoop1130 said:

According to Phattakorn, Chapel discovered on May 19 that the condo did not gain construction permission. As if this was not disheartening enough, it came to light that certain portions of the land on which the property stood had been illicitly mortgaged and subsequently sold

Don't you just love Thailand.. 

[BritManToo]

41 minutes ago, Frankie baby said:

Apparently this gentle did as everyone above advised. He did this through a lawyer and a supposedly reputable land developer.

The system stinks. Its about time the government took real action against these developers (and bum lawyers). This was a common occurrence 15-20 years back. Looks like the preventative measures took then have worn off.  

Best to buy using a mortgage.

They might cheat a foreigner, but they won't cheat a Thai bank .................

[ezzra]

The sad part is that “to all intents, constructions, and purposes” the man has lost his money no matter how hard he will try to get it back as monies spent on lawyers, one of those situations where this case can be dragged and dragged for ages with no conclusion.