Land transaction between 2 unrelated Thais in same village (Buriram)

[Sandboxer]

If two Thais who live in the same small village in northern Buriram who are generally on good terms with each other decide to do a land transaction that is relatively minor (1.5 rai), would the buyer still, generally, hire a lawyer to do due diligence? Or is the sense of community/social pressure to not screw your neighbor so strong that the social/cultural repercussions are generally enough of a deterrent? Generally speaking of course.

 

Asking because gf has been given option to buy a small piece of land that belongs to a nearby neighbor as they need some cash. She says she can get it done within 3-5 days. I'm really just curious, I have no bone in this financially. Just seems rather "casual" as I've been raised to trust no one, but I've been here long enough to also realize I'm perhaps underestimating the intricacies of villages' "inner workings?"

 

Not looking for advice (again, not my baby), just some educational cultural insight.

[MJCM]

Money and Friendship don't mix.

 

MIL (RiP) was stilling waiting for some money from a land sale to her Uncle (which happened 10+  years ago)

Edited June 5, 2023 by MJCM

[brianthainess]

No lawyer needed. Normal procedure is pay by Bank Check at the Land Office, when papers are signed. They will check all paperwork is correct and tell you how much tax is payable, (in most cases both parties are willing to pay the tax 50/50)  Not doing that is asking for trouble. Don't trust Anybody !!!!!!

Edited June 5, 2023 by brianthainess

[digbeth]

thais just goes hand-in-hand buyer and seller and maybe the agent who's getting commission to the land office

due dilligence is checking the back of the chanote that there are nothing unusual recorded like usufruct or right of way

 

cash/cashiers cheques is only handed over once both party is satisfied, in case of transfer they would have a relative at the bank to verify that the money has arrived and phone back to the ones at land office to go ahead(doesn't help in the case of fake cashier's cheque where the amount would appear and be voided a few days later)

 

only case where things could go wrong later would be if the land office official is in on it, from issuing deeds where they shouldn't have, or the deeds was stolen from another relatives and sold by someone who shouldn't have been able to

would a lawyer be able to discover these? 

[Crossy]

Yeah, Madam has shuffled a few bits of land around (her $$$).

 

Always done at the land office, cash / cashier cheques handed over in front of the agent, tax paid, everything stamped. done.

 

No real need to involve a lawyer.

 

[Sandboxer]

(Edit: missed a coupe of posts while I was typing this one. Ok, I understand a bot more now. Thanks for everyone's input. Makes sense that it is a wee bit simpler between two locals, especially in the sticks...)

 

My post is specifically in regard to due diligence when it comes to small village environments where unrelated people in the same village who are friendly and wish to do a land transaction don't really have the extra money to spend 10-30k on a DD lawyer for a sale/purchase that is only 100k-ish worth of land.

 

Or I guess another good question would be, how much of a proper DD process can a regular person (peasants/province commoners in this case) even do by him/herself - and do they even attempt do that, or just mai en rai the whole thing and hope Buddha is in a good mood?

 

Chanote check/review at Land Office, tax office check, bankruptcy court check, etc etc. 

Edited June 5, 2023 by Sandboxer

[dddave]

If one watches the often gruesome Thai nightly news shows on TV, one becomes aware that of the three or four murders appearing every night, at least one will be tied to a land dispute.

Edited June 5, 2023 by dddave

[NoDisplayName]

Get a copy of the chanote with all the measurements, go out to the land and check that all the boundary markers are in place and visible, and the dimensions are correct.  Maybe invite the neighbors to confirm none of the pins have been re-positioned.  Mark 'em with spraypaint, take photos, measure to fixed points to they don't get "misplaced" in the future.

[MJCM]

1 hour ago, NoDisplayName said:

Get a copy of the chanote with all the measurements, go out to the land and check that all the boundary markers are in place and visible, and the dimensions are correct.  Maybe invite the neighbors to confirm none of the pins have been re-positioned.  Mark 'em with spraypaint, take photos, measure to fixed points to they don't get "misplaced" in the future.

Take the Village Chief with you, and if the concrete poles that make the boundary are missing, get the Land Office to measure.

[digbeth]

2 hours ago, Sandboxer said:

Or I guess another good question would be, how much of a proper DD process can a regular person (peasants/province commoners in this case) even do by him/herself - and do they even attempt do that, or just mai en rai the whole thing and hope Buddha is in a good mood?

 

Chanote check/review at Land Office, tax office check, bankruptcy court check, etc etc. 

ฺBankrupcy could be difficult, any sale/transfer within 3 months before the declaration of bankruptcy or a lien if the landowner owed somebody could be reversed. 

Before it comes to seizing of land/property, there would have been noticed served as in posted stuck to the property gates so a local should know of their reputation