Bait & Switch

[ace]

Hello,

I wonder if anyone can help me with a specific issue of law in purchasing a condo?

I agreed some months ago to buy a condo, resale from a Brit owner condo managment company (Thai) acting as the seller.

I agreed a contract to pay 30% down and 70% within 6 months. Signed and sealed by me, managment company, lawyer.

I payed 30%

I am ready to pay the remainder.

The managment company who are the selling agent did not contact me previousley but suddenly tell me that the agreed condo is no longer for sale and suggest another unit, similar spec, 2 floors higher.

This unit is not the unit specified in the contract.

I am suspicious and very dissapointed in the managment agencies handling of this matter.

Question is: Can I start talking in terms of breach of contract (similar to Scotland) and demand my money back with the backing of the Thai law? Or is the contract a non binding agreement (similar to England) and I can ask, nicely, for my money back?

Has anyone experienced a similar "Bait & switch"? I know 2 floors up should be better...but TiT. And unfortunately I have 2 more weeks to wait before going back to Thailand so cannot go look.

Thanks

[backflip]

Your contract is invalid, and you should demand your money back. If you want the other unit, the contract needs to be rewritten.

[quiksilva]

Appoint a Thai based lawyer to review the contract you signed, try contacting Sunbelt for further advice.

[ace]

Yeh, I appointed lawyer right from the start. He is also a bit "gobsmacked" himself!

I told the managment company to supply me with photos, detail description and guarantees about this different condo they're trying to fob off. I'm not expecting them to have the ability to supply this though.

If I'm lucky I'll get my $ back and maybe cover costs on the back of the rise of the baht.............

Business

Thailand

Not a good combination. Lesson learned.

[cmsally]

In your contract did you have a floor plan with your unit marked and the number of the unit you had bought clearly marked?

Did you do the contract through the company building the condo?

It should state clearly what number unit you had purchased and where it was on the plan.

If so I can't see how there could be a mix up.

[ace]

In your contract did you have a floor plan with your unit marked and the number of the unit you had bought clearly marked?

Did you do the contract through the company building the condo?

It should state clearly what number unit you had purchased and where it was on the plan.

If so I can't see how there could be a mix up.

Yep, got all that. And a lawyer. I think they sold it to a cash buyer. The condo is already built it's a second hand unit. They have breached the contract and I am free to get my deposit back, my op was if they refuse to reimburse me can I rely on the law to back me up?

[Odysseus221]

Hello,

I wonder if anyone can help me with a specific issue of law in purchasing a condo?

I agreed some months ago to buy a condo, resale from a Brit owner condo managment company (Thai) acting as the seller.

I agreed a contract to pay 30% down and 70% within 6 months. Signed and sealed by me, managment company, lawyer.

I payed 30%

I am ready to pay the remainder.

The managment company who are the selling agent did not contact me previousley but suddenly tell me that the agreed condo is no longer for sale and suggest another unit, similar spec, 2 floors higher.

This unit is not the unit specified in the contract.

I am suspicious and very dissapointed in the managment agencies handling of this matter.

Question is: Can I start talking in terms of breach of contract (similar to Scotland) and demand my money back with the backing of the Thai law? Or is the contract a non binding agreement (similar to England) and I can ask, nicely, for my money back?

Has anyone experienced a similar "Bait & switch"? I know 2 floors up should be better...but TiT. And unfortunately I have 2 more weeks to wait before going back to Thailand so cannot go look.

Thanks